Kennedy and Kennedy

Case

[2007] FamCA 1221

23 July 2007


Details
AGLC Case Decision Date
Kennedy and Kennedy [2007] FamCA 1221 [2007] FamCA 1221 23 July 2007

CaseChat Overview and Summary

In *Kennedy and Kennedy*, Kay J of the Supreme Court of Western Australia considered an appeal concerning parenting orders for two children, J and K. The original orders were made by O'Dwyer FM on 23 March 2007. The dispute revolved around the arrangements for the children's living arrangements and parental responsibility.

The primary legal issue before Kay J was whether the original parenting orders made by the Family Court were appropriate and in the best interests of the children. This involved a review of the existing arrangements and consideration of alternative proposals put forward by the parties.

Kay J allowed the appeal, setting aside certain orders made by the Family Court. The court substituted new orders that provided for the husband and wife to retain joint parental responsibility for the children. The children were to live with the husband on a shared care basis, with specific arrangements for school days and non-school days, and with changeovers to occur at the children's school or a local police station. These new arrangements were to commence on 27 July 2007. The court also granted costs certificates to the appellant and the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

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Cases Citing This Decision

2

Cartwright & Wilson [2011] FamCA 939
Wilson and Carter [2008] FMCAfam 349
Cases Cited

2

Statutory Material Cited

4

Gronow v Gronow [1979] HCA 63
Gronow v Gronow [1979] HCA 63