KING-RAINE & RAINE
Case
•
[2010] FamCA 10
•19 January 2010
Details
AGLC
Case
Decision Date
KING-RAINE & RAINE [2010] FamCA 10
[2010] FamCA 10
19 January 2010
CaseChat Overview and Summary
In the matter of KING-RAINE & RAINE, Benjamin J of the Family Court of Australia made orders concerning the parenting of a child, S, born in April 2004. The dispute involved the arrangements for the child's residence, time spent with each parent, and parental responsibility.
The court was required to determine the extent of parental responsibility to be shared between the parents, the specific living arrangements for the child, and the detailed schedule for the child's time with each parent. Further issues included provisions for communication between parents and the child, arrangements for school and medical decisions, and measures to prevent the child's international removal. The court also addressed the use of alcohol by parents, physical discipline, and the denigration of family members in the child's presence.
Benjamin J discharged all previous parenting orders and established new arrangements. The parents were granted equal shared parental responsibility, with specific exceptions for decisions regarding the child's schooling and major medical procedures. The child was ordered to live with the mother, and a detailed schedule for the child's time with the father was set out, including provisions for school terms, holidays, and specific weekends. The court also mandated supervised contact at a Contact Centre for a period, with equal contribution to its costs, and imposed restrictions on the father's alcohol consumption. An Airport Watch List Order was made to prevent the child's removal from Australia.
The court ordered that neither parent shall physically discipline the child or denigrate the other parent or their family members in the child's presence. Furthermore, neither parent is to use or be affected by alcohol while the child is in their care. The parties were enjoined from commencing new proceedings without leave of the court, except for enforcement or family dispute resolution. The Independent Children's Lawyer was to inform the child of the orders and their appointment was to be discharged six weeks later.
The court was required to determine the extent of parental responsibility to be shared between the parents, the specific living arrangements for the child, and the detailed schedule for the child's time with each parent. Further issues included provisions for communication between parents and the child, arrangements for school and medical decisions, and measures to prevent the child's international removal. The court also addressed the use of alcohol by parents, physical discipline, and the denigration of family members in the child's presence.
Benjamin J discharged all previous parenting orders and established new arrangements. The parents were granted equal shared parental responsibility, with specific exceptions for decisions regarding the child's schooling and major medical procedures. The child was ordered to live with the mother, and a detailed schedule for the child's time with the father was set out, including provisions for school terms, holidays, and specific weekends. The court also mandated supervised contact at a Contact Centre for a period, with equal contribution to its costs, and imposed restrictions on the father's alcohol consumption. An Airport Watch List Order was made to prevent the child's removal from Australia.
The court ordered that neither parent shall physically discipline the child or denigrate the other parent or their family members in the child's presence. Furthermore, neither parent is to use or be affected by alcohol while the child is in their care. The parties were enjoined from commencing new proceedings without leave of the court, except for enforcement or family dispute resolution. The Independent Children's Lawyer was to inform the child of the orders and their appointment was to be discharged six weeks later.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
KING-RAINE & RAINE [2010] FamCA 10
Most Recent Citation
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Cases Cited
0
Statutory Material Cited
1