Kent& Wignal

Case

[2016] FamCA 472

13 June 2016


Details
AGLC Case Decision Date
Kent& Wignal [2016] FamCA 472 [2016] FamCA 472 13 June 2016

CaseChat Overview and Summary

This matter concerned parenting orders made by Tree J in the Federal Circuit and Family Court of Australia. The orders addressed the living arrangements, parental responsibility, special occasions, communication, travel, and dispute resolution for a child named B. The court also made specific orders restraining the mother from relocating the child to New Zealand.

The court was required to determine the specific terms of parenting orders that would govern the child's life, including the division of parental responsibility for long-term decisions, the day-to-day care arrangements, and the allocation of time for special occasions and school holidays. Further issues included the exchange of information between parents, provisions for international and interstate travel, and mechanisms for dispute resolution and participation in a parenting order program.

Tree J made detailed orders establishing equal shared parental responsibility for major long-term issues, with specific consultation requirements. The child was ordered to live with the mother, with significant time allocated to the father, particularly during school terms and holidays, with detailed provisions for changeovers and communication. The court also imposed an injunction restraining the mother from relocating the child to New Zealand and mandated participation in a parenting order program and specific counselling or programs as directed by a program co-ordinator. All previous orders and parenting plans were dismissed, and other extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36