Kenney and Kenney

In Kenney and Kenney, heard by Judge Newbrun, the dispute concerned parenting arrangements for a child and related financial matters between the parents. The court was required to make orders regarding the child's living arrangements, time spent with each parent, and the involvement of the child's brother. Additionally, the court addressed the need for a family report to inform future decisions and imposed an injunction restraining the parties from denigrating each other. Financial orders included spousal maintenance and responsibility for mortgage repayments on a property.

The court's reasoning focused on the best interests of the child, as mandated by the Family Law Act 1975. This involved considering the child's relationship with both parents and their brother, the potential impact of any changes in circumstances, and each parent's capacity to meet the child's needs. The court also took into account the child's views, though without requiring them to express them, and the parents' attitudes towards parenthood. The injunction against denigration aimed to protect the child from exposure to parental conflict.

The orders made by the court stipulated that the child would live with the father. The child was to spend limited time with the mother, specifically two hours each fortnight on a Sunday at the mother's residence, contingent on the presence of the child's brother, Mr J. The father was directed to take reasonable steps to ensure Mr J's attendance during these visits. A family report was ordered to be prepared, detailing various aspects of the child's welfare and relationships. The father was ordered to pay the wife spousal maintenance of $200 per week and, by consent, to meet all mortgage repayments for Property A.