FEDERAL CIRCUIT COURT OF AUSTRALIA
| KENNETT & NICKSON & ORS | [2017] FCCA 990 |
| Catchwords: FAMILY LAW – Parenting – family violence – father not a witness of truth – paternal grandparents not witnesses of truth – appalling acts of family violence – no time for father – no time for paternal grandparents. |
| Legislation: Evidence Act1995 (Cth), ss.26, 42 Family Law Act 1975 (Cth), ss.60CA, 60CC, 69ZT, 117(2A) |
| Cases cited: A v A [1976] VR 298 |
| Applicant: | MS KENNETT |
| First Respondent: | MR NICKSON |
| Second Respondents: | MR K NICKSON MS NICKSON |
| File Number: | MLC 7675 of 2014 |
| Judgment of: | Judge Wilson |
| Hearing dates: | 27 & 28 February 2017 1, 6, 7, 8, 27 & 28 March 2017 |
| Date of Last Submission: | 8 May 2017 |
| Delivered at: | Melbourne |
| Delivered on: | 17 May 2017 |
REPRESENTATION
| Applicant in person |
| Counsel for the Respondents: | Mr K. MacFarlane |
| Solicitors for the Respondents: | Novatsis Alexander |
| Counsel for the Independent Children's Lawyer: | Ms S Jenkinson |
| Solicitors for the Independent Children's Lawyer: | Bowlen Dunstan & Associates Pty |
ORDERS
All previous parenting orders are discharged.
The mother have sole parental responsibility for the child X born (omitted) 2012 (“the child”).
The child live with the mother.
The father spend no time with the child.
The paternal grandparents spend no time with the child unless agreed to by the mother.
The mother is permitted to relocate with the child.
The mother is at liberty to change the child’s name from X to X without the father’s consent.
The father and the paternal grandparents pay the costs of the mother.
By no later than 4.00 p.m. on 21…
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- Kennett and Nickson and Ors [2017] FCCA 990
- Case
- [2017] FCCA 990
- Decision Date
CaseChat Overview and Summary
The court was required to determine the most appropriate parenting orders in the best interests of the child, considering the existing circumstances and the applications before it. This included deciding on sole parental responsibility, the child's residence, the extent of time the child would spend with the father and paternal grandparents, and whether the mother should be permitted to relocate with the child. The court also had to consider the father's consent to a change of the child's name and the discharge of any existing parenting orders and the appointment of an Independent Children's Lawyer.
Judge Wilson discharged all previous parenting orders and made new orders reflecting a significant shift in the child's living and contact arrangements. The mother was granted sole parental responsibility and the child was ordered to live with her. Crucially, the father and paternal grandparents were ordered to spend no time with the child, with any future contact by the paternal grandparents being at the mother's discretion. The mother was permitted to relocate with the child and to change the child's name without the father's consent. The court also ordered the father and paternal grandparents to pay the mother's costs, with a specific timeframe for them to file submissions regarding this costs order. All extant parenting applications were dismissed.
Orders
Orders of the court
1.
All previous parenting orders are discharged.
2.
The mother have sole parental responsibility for the child X born (omitted) 2012 (“the child”).
3.
The child live with the mother.
4.
The father spend no time with the child.
5.
The paternal grandparents spend no time with the child unless agreed to by the mother.
6.
The mother is permitted to relocate with the child.
7.
The mother is at liberty to change the child’s name from X to X without the father’s consent.
8.
The father and the paternal grandparents pay the costs of the mother.
9.
By no later than 4.00 p.m. on 21 May 2017 the father and paternal grandparents file and serve any written submissions on the costs order made pursuant to order 8 herein.
10.
The appointment of the Independent Children’s Lawyer is discharged.
11.
All extant parenting applications are otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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