Kent and Kent and Anor

Case

[2012] FamCA 103

1 March 2012


Details
AGLC Case Decision Date
Kent and Kent and Anor [2012] FamCA 103 [2012] FamCA 103 1 March 2012

CaseChat Overview and Summary

In the matter of *Kent and Kent and Anor*, Stevenson J joined the paternal grandmother, Ms Arkwright, as a party to the proceedings concerning the children K and C. The court discharged all existing orders relating to the children and made new orders concerning their parental responsibility and time arrangements.

The court was required to determine the appropriate arrangements for the children's residence, parental responsibility, and time with their mother, Ms B Kent, their maternal aunt, Ms M Kent, and their paternal grandmother, Ms Arkwright. Additionally, the court needed to consider specific restrictions on the paternal grandmother's contact with the child C and the children's time with the father and paternal uncle.

Stevenson J ordered that the maternal aunt have sole parental responsibility for the children and that they live with her. The mother was granted supervised time with the children at contact centres, with provisions for increasing unsupervised time by agreement. The paternal grandmother was granted significant time with the child C, including alternate weekends and school holidays, with specific restrictions preventing C from being left unsupervised with the father or coming into contact with the paternal uncle. The child K's time with the paternal grandmother was to be in accordance with K's wishes, subject to the same restrictions. The court also made orders regarding the timing of contact to ensure it was not concurrent and included provisions for Christmas and C's birthday, as well as the maternal aunt's ability to suspend contact for holidays.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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Cases Citing This Decision

1

LEWINGTON & LEWINGTON [2018] FCCA 960
Cases Cited

2

Statutory Material Cited

1

Dennison & Wang [2010] FamCAFC 182
Sayer v Radcliffe [2012] FamCAFC 209