Kennedy and Kennedy

[2018] FamCA 974

FAMILY COURT OF AUSTRALIA

KENNEDY & KENNEDY [2018] FamCA 974

FAMILY LAW – CHILDREN – Child related proceedings – Where the mother seeks an order for sole parental responsibility – Where the father seeks an order for equal shared parental responsibility – Where the mother seeks orders that the child live with her primarily and spend time with the father on alternate weekends – Where the father, primarily, seeks orders that the child live with him and spend time with the mother four nights each fortnight or, alternatively, that the child live with the mother and spend time with him four nights per fortnight – Where the parties have become locked in intractable conflict since their separation – Where that conflict has been exacerbated by the actions of the parties’ relatives – Where the mother asserts that the child’s time with the father contributes to his sense of anxiety and stress – Where the father asserts that the mother has not promoted his relationship with the child – Where the child was previously diagnosed with Pervasive Developmental Disorder – Not Otherwise Specified – Where that diagnosis has since been removed from the Diagnostic and Statistical Manual of Mental Disorders – Where the parties are now in dispute as to the correct diagnosis for the child’s accepted developmental delay – Where the father asserts that the child has been diagnosed with Attention Deficit Hyperactivity Disorder – Where the mother asserts that the child may have Autism Spectrum Disorder – Where the Court finds that the conflict between the parties renders an order for shared parental responsibility inappropriate – Where the family report writer found that the child has an anxious, dependent attachment to the mother – Where the Court finds that the child has a meaningful relationship which is of benefit to him with both parties –  Where the Court finds that both parties are capable of caring for the child, but have exposed him to the parental conflict – Where the Court finds that the father’s proposal that the child live primarily with him would cause the child considerable anxiety and stress – Court makes orders for the child to live with the mother and spend four nights per fortnight with the father – Court makes orders for the mother to have sole parental responsibility.

Family Law Act 1975 (Cth) ss. 43, 60B, 60CA, 60CC, 61DA, 65DAA, 65DAC

Dundas & Blake (2013) FLC 93-552
In reB (A Minor) (Adoption: Natural Parent) [2002] 1 WLR 258
Marsden & Marsden [2018] FamCA 157
Mazorski & Albright (2007) 37 Fam LR 518
Sigley v Evor [2011] FamCAFC 22
VR & RR (2002) FLC 93-099

APPLICANT: Ms Kennedy

RESPONDENT: Mr Kennedy

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: SYC 3281 of 2008

DATE DELIVERED: 23 November 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 1 - 16 August 2018, 22 August 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Messner

SOLICITOR FOR THE APPLICANT: Walter & Elliott Family…