Kilduff and Gros

Case

[2017] FamCA 808

13 September 2017


Details
AGLC Case Decision Date
Kilduff and Gros [2017] FamCA 808 [2017] FamCA 808 13 September 2017

CaseChat Overview and Summary

This matter concerned orders relating to a child, B, born in 2008, following the death of her mother. The applicant sought sole parental responsibility for major long-term issues concerning the child, while the respondent sought specific time arrangements.

The court was required to determine the appropriate parenting orders for the child, including the allocation of parental responsibility for major long-term issues and day-to-day decisions, the child's living arrangements, and the time the child would spend with each parent. Further issues included the provision of grief counselling for the child, communication arrangements between the parties and the child, and specific restrictions on the parties' conduct in the child's presence.

Austin J ordered that all previous orders concerning the child be discharged. The applicant was granted sole parental responsibility for all major long-term issues, with both parties sharing responsibility for day-to-day decisions while the child was in their care. The child was ordered to live with the applicant, with specific time arrangements detailed for the child to spend time with the respondent during school terms and holidays. The court also made orders for the child to receive grief counselling, for regular communication between the child and the non-resident parent, and imposed restraints on each party from denigrating the other in the child's presence. The respondent was also restrained from consuming alcohol during his time with the child. The Independent Children's Lawyer was discharged upon confirmation of the grief counselling arrangements.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Costs

  • Procedural Fairness

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Most Recent Citation
Simson and Radley [2020] FamCA 208

Cases Citing This Decision

1

Simson and Radley [2020] FamCA 208
Cases Cited

3

Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346
Malburon & Waldlow [2013] FamCAFC 191