Kerr & Kennett (No 2)

Case

[2018] FamCA 559

27 July 2018


Details
AGLC Case Decision Date
Kerr & Kennett (No 2) [2018] FamCA 559 [2018] FamCA 559 27 July 2018

CaseChat Overview and Summary

In *Kerr & Kennett (No 2)*, Forrest J of the Family Court of Australia considered applications by the mother concerning the children's time with their father and a separate application for departure from child support assessments. The mother sought to suspend the children's unsupervised time with the father and for him to attend a forensic psychiatrist. The father was also subject to an undertaking not to leave the children unattended.

The court was required to determine whether it was in the best interests of the children to suspend their time with the father, and if so, under what conditions. Additionally, the court had to consider the mother's application for departure from child support assessments for periods exceeding eighteen months and whether to grant leave for the Child Support Registrar to amend administrative assessments for historic periods.

Forrest J found that it was not in the best interests of the children to completely suspend their time with the father. Instead, the father's time with the children was to continue, subject to several conditions designed to ensure the children's safety and well-being, including prohibitions on taking them to work, unrestrained in his vehicle, physical discipline, questioning them about discussions with their mother, and abusing or assaulting anyone in their presence. The father was also ordered to honour his undertaking not to leave the children unattended. The court dismissed the mother's application for the father to attend a psychiatrist for anger management treatment at that time. Regarding the child support application, the court dismissed the mother's request for departure from assessments for periods beyond eighteen months, finding insufficient evidence to grant leave for amendments to historic assessments.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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