Kim and Scilian & Ors
Case
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[2013] FamCA 600
•7 August 2013
Details
AGLC
Case
Decision Date
Kim and Scilian & Ors [2013] FamCA 600
[2013] FamCA 600
7 August 2013
CaseChat Overview and Summary
This matter came before Johns J in the Family Court of Australia concerning parenting orders for three children, D, E, and F. The dispute involved the mother and her respective former partners, Mr Scilian, Mr B, and Mr C, who are the fathers of D, E, and F respectively. The court was required to determine the future parental responsibility and living arrangements for each child, as well as the conditions under which the children could communicate and spend time with their mother.
The court was tasked with determining the appropriate parenting orders for the three children, D, E, and F, considering the circumstances presented. This included deciding who would have sole parental responsibility for each child, where each child would live, and the arrangements for the children to spend time and communicate with their mother. Furthermore, the court needed to address the process for obtaining passports for the children and the implications of any contravention of the orders made.
Johns J ordered the discharge of all previous parenting orders. Mr Scilian was granted sole parental responsibility for D, with D to live with him, and arrangements for D to spend time and communicate with her mother to be agreed in writing. Similarly, Mr B was granted sole parental responsibility for E, with E to live with him, and Mr C was granted sole parental responsibility for F, with F to live with him, with similar provisions for communication and time with their mother. The fathers were granted liberty to apply for passports for their respective children without the mother's consent, provided they gave her 45 days' written notice by registered post. The mother was given 42 days from service of the orders to seek to set them aside by filing an application and affidavit detailing reasons for her absence. The court also directed that a fact sheet detailing obligations, consequences of contravention, and sources of assistance be attached to and included in the orders.
The court was tasked with determining the appropriate parenting orders for the three children, D, E, and F, considering the circumstances presented. This included deciding who would have sole parental responsibility for each child, where each child would live, and the arrangements for the children to spend time and communicate with their mother. Furthermore, the court needed to address the process for obtaining passports for the children and the implications of any contravention of the orders made.
Johns J ordered the discharge of all previous parenting orders. Mr Scilian was granted sole parental responsibility for D, with D to live with him, and arrangements for D to spend time and communicate with her mother to be agreed in writing. Similarly, Mr B was granted sole parental responsibility for E, with E to live with him, and Mr C was granted sole parental responsibility for F, with F to live with him, with similar provisions for communication and time with their mother. The fathers were granted liberty to apply for passports for their respective children without the mother's consent, provided they gave her 45 days' written notice by registered post. The mother was given 42 days from service of the orders to seek to set them aside by filing an application and affidavit detailing reasons for her absence. The court also directed that a fact sheet detailing obligations, consequences of contravention, and sources of assistance be attached to and included in the orders.
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
Kim and Scilian & Ors [2013] FamCA 600
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