Kerr and Kennett

Case

[2018] FamCA 384

31 May 2018


Details
AGLC Case Decision Date
Kerr and Kennett [2018] FamCA 384 [2018] FamCA 384 31 May 2018

CaseChat Overview and Summary

This matter concerned interim parenting orders made by Justice Forrest concerning two children, X and Y. The dispute involved the father's time with the children in Victoria, with the mother seeking to impose various conditions on this time.

The court was required to determine the conditions under which the children would spend time with their father, including requirements for supervision, restrictions on the father's behaviour, and communication protocols with the mother. The court also considered the need for independent representation of the children's interests and the procedural steps for the upcoming hearing.

Justice Forrest made orders that the father's time with the children would be conditional upon his mother residing with them each night and confirming agreement to this condition in writing. Further conditions included prohibitions on the father taking the children to work, leaving them unrestrained in his vehicle, leaving them unattended, or having them cared for by anyone other than their paternal grandmother if he was unable to care for them. The father was also prohibited from any physical discipline and from questioning the children about discussions with their mother, or abusing or assaulting anyone in their presence. The children were ordered to telephone their mother daily during their time with the father, and neither parent was to discuss court proceedings or inappropriate adult issues with the children.

The court ordered that the children's interests be independently represented by a lawyer, requesting Legal Aid Queensland to make arrangements for this. Procedural orders were made regarding the filing of affidavits, financial statements, and notices of intention to cross-examine, with a further hearing scheduled for 26 July 2018. The mother was also required to address her application concerning suspected tax evasion.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

  • Appeal

  • Standing

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