KEYWORTH & WINTHROP
Case
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[2019] FamCA 255
•24 April 2019
Details
AGLC
Case
Decision Date
KEYWORTH & WINTHROP [2019] FamCA 255
[2019] FamCA 255
24 April 2019
CaseChat Overview and Summary
In the matter of Keyworth & Winthrop, heard by Tree J, the dispute concerned parenting orders for two children, Y and Z, born in 2006 and 2007 respectively. The proceedings involved applications relating to the children's living arrangements, communication with parents, and parental responsibilities.
The court was required to determine the most appropriate parenting arrangements for the children, including who would have sole responsibility for them, where they would live, and the nature and extent of the mother's communication with them. Further issues included whether the mother should be restrained from removing the children from the father's care or attending at their school or extra-curricular activities, and whether the father should be permitted to apply for passports for the children without the mother's consent.
Tree J ordered that all previous parenting orders be discharged. The father was granted sole responsibility for the children, and they were to live with him. Communication between the mother and children was to be by telephone, initiated by the mother each Wednesday between 6:30 pm and 7:00 pm, with the father ensuring the children's availability. The father was permitted to monitor these calls and to terminate them if the mother made inappropriate comments. The mother was restrained from removing the children from the father's care contrary to the orders or from any place they were placed by the father, and was also restrained from attending at the children's school or extra-curricular activities. The father was permitted to apply for passports for the children without the mother's consent. The Independent Children's Lawyer was discharged with thanks. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, pursuant to ss 65DA(2) and 62B of the relevant legislation.
The court was required to determine the most appropriate parenting arrangements for the children, including who would have sole responsibility for them, where they would live, and the nature and extent of the mother's communication with them. Further issues included whether the mother should be restrained from removing the children from the father's care or attending at their school or extra-curricular activities, and whether the father should be permitted to apply for passports for the children without the mother's consent.
Tree J ordered that all previous parenting orders be discharged. The father was granted sole responsibility for the children, and they were to live with him. Communication between the mother and children was to be by telephone, initiated by the mother each Wednesday between 6:30 pm and 7:00 pm, with the father ensuring the children's availability. The father was permitted to monitor these calls and to terminate them if the mother made inappropriate comments. The mother was restrained from removing the children from the father's care contrary to the orders or from any place they were placed by the father, and was also restrained from attending at the children's school or extra-curricular activities. The father was permitted to apply for passports for the children without the mother's consent. The Independent Children's Lawyer was discharged with thanks. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, pursuant to ss 65DA(2) and 62B of the relevant legislation.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
KEYWORTH & WINTHROP [2019] FamCA 255
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