Kex and Harper

Case

[2011] FamCA 623

1 August 2011


Details
AGLC Case Decision Date
Kex and Harper [2011] FamCA 623 [2011] FamCA 623 1 August 2011

CaseChat Overview and Summary

In this matter before Johnston J, the court considered parenting orders concerning two children, J and E. The dispute involved the mother, Ms Kex, and the father, Mr Harper, regarding the arrangements for their children.

The court was required to determine the extent of parental responsibility each parent would have, where the children would live, the nature and frequency of direct time the children would spend with the father, and the arrangements for telephone communication between the children and the father. Additionally, the court addressed issues concerning gifts and letters, the need for injunctions to prevent derogatory remarks and discussion of proceedings, and the requirement for both parents to attend counselling.

Johnston J made orders that the mother would have sole parental responsibility for all major long-term issues concerning the children, subject to specific procedural requirements for consultation with the father. The children were ordered to live with the mother. Direct time with the father was to occur on one weekend occasion every two months at a contact centre, with specific provisions for the duration, arrangements, and supervision of these visits. Telephone communication was to occur weekly, with additional provisions for birthdays and Christmas Day. The court also made orders regarding the exchange of gifts and letters, restrained both parents from making derogatory remarks or discussing proceedings in the children's presence, and mandated counselling for both parents.

The court further ordered that each parent keep the other informed of their residential addresses and details of any illness or medical emergency affecting the children. The mother was directed to provide the father with copies of all school reports. The appointment of an Independent Children's Lawyer was continued for nine months, and the orders included details of obligations, consequences of contravention, and sources of assistance, as set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209