KING & KING (No.2)

Case

[2017] FCCA 2776

16 November 2017


Details
AGLC Case Decision Date
King and King (No.2) [2017] FCCA 2776 [2017] FCCA 2776 16 November 2017

CaseChat Overview and Summary

This matter concerned parenting orders sought by the Mother and the Father concerning their three sons. The Mother sought sole parental responsibility for the two youngest sons, that they live with her, and that the Father have sole parental responsibility for the eldest son, with him living with the Father. The Father sought equal shared parental responsibility for all three sons and for them to live with him, with time spent with the Mother.

The court was required to determine the parenting arrangements for the three sons, specifically addressing issues of parental responsibility, living arrangements, and the extent of time and communication between the children and each parent. The court also had to consider the father's application for equal shared parental responsibility and the mother's application for sole parental responsibility for the younger children.

Judge Bender made orders discharging all previous parenting orders. The two youngest sons were ordered to live with the Mother, who was granted sole parental responsibility for them. The Father was restrained from spending time or communicating with these two sons. The eldest son was ordered to live with the Father, who was granted sole parental responsibility for him. The eldest son was to spend time and communicate with the Mother in accordance with his wishes, with the Father to facilitate this. The court also made specific provisions regarding significant long-term decisions, travel, school reports, notification of illness or injury, and an injunction restraining the Father from approaching the Mother or the younger sons.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Taylor & Barker [2007] FamCA 1246
AMS v AIF [1999] HCA 26