Kingston and Donald

Case

[2017] FamCA 324

18 May 2017


Details
AGLC Case Decision Date
Kingston and Donald [2017] FamCA 324 [2017] FamCA 324 18 May 2017

CaseChat Overview and Summary

In the matter of Kingston and Donald, Watts J of the Family Court of Australia considered parenting orders concerning two children, C and B. The dispute involved the father's time and communication with the children, and the mother's parental responsibility.

The court was required to determine the extent to which the father should have contact with the children, C and B, and the nature of the mother's sole parental responsibility for major long-term decisions. Specifically, the court had to consider the children's living arrangements, the father's time with each child, and the father's ability to communicate with B. The court also had to address the father's participation in school-related activities and the role of the children's treating psychologist and the Independent Children's Lawyer.

Watts J discharged all previous parenting orders and made new orders reflecting a significant restriction on the father's involvement with the children. The mother was granted sole parental responsibility for major long-term decisions, except for the children's names and changes to B's living arrangements. The children were ordered to live with the mother. The father was to spend no time with C. For B, the father was to spend no time with her prior to 14 September 2019, and thereafter, only if B invited and consented. Communication with B after 14 September 2019 was also restricted to electronic means, at B's invitation. The father was restrained from attempting to communicate or spend time with B outside these specific conditions. The mother was ordered to ensure B continued to consult with her psychologist, and the Independent Children's Lawyer was to explain the orders to B. Both parents were restrained from discussing the father with B, and the mother was to prevent C and Ms D from doing so. The father was also restrained from attending school events for either child.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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