Kilburn and Kilburn

Case

[2020] FamCA 206

2 April 2020


Details
AGLC Case Decision Date
Kilburn and Kilburn [2020] FamCA 206 [2020] FamCA 206 2 April 2020

CaseChat Overview and Summary

In the matter of Kilburn and Kilburn, Rees J made orders concerning the living arrangements and time spent with the children X and Y. The dispute concerned the specific terms of these arrangements and the supervision of the father's time with the children.

The court was required to determine the primary residence of the children, the schedule for the children to spend time with the father, and the level of supervision required during those periods. Additionally, the court considered provisions for special occasions such as Mother's Day and Father's Day, and the communication between the parents regarding the children.

Rees J ordered that the children live with the mother and spend time with the father on alternate weekends during school terms and every weekend during school holidays, with specific pick-up and drop-off arrangements facilitated by the paternal grandparents. The father's time with the children was to be under the general supervision of the paternal grandparents, who were also responsible for the children's transport to and from the mother's home, with the father not to be present at changeovers. The court also imposed a restraint on both parties from denigrating the other or discussing the proceedings in the children's presence. The orders incorporated a Fact Sheet detailing the obligations, consequences of contravention, and available assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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