Kingston and Kingston
Case
•
[2010] FamCA 1221
•3 December 2010
Details
AGLC
Case
Decision Date
Kingston and Kingston [2010] FamCA 1221
[2010] FamCA 1221
3 December 2010
CaseChat Overview and Summary
This matter concerned parenting orders made by consent between the mother and father in relation to their three children. The proceedings were before Justice Bennett.
The court was required to determine the terms of parenting orders, including arrangements for parental responsibility, living arrangements, and time spent between the children and each parent. The orders also addressed communication, notification of address changes, restrictions on contact with a third party, disciplinary practices, bedroom arrangements for two of the children, ongoing medical treatment and therapy for one child, attendance at mediation and assessments, restrictions on attending certain professionals, prohibitions on denigration, notification of medical emergencies and specialist appointments, and the discharge of the Independent Children's Lawyer.
By consent, the court discharged all previous parenting orders and made new orders. These included equal shared parental responsibility, with the children to live with the mother. Detailed provisions were made for the children to spend time with the father, including during school terms, school holidays, and specific public holidays. The orders also stipulated telephone communication, mutual notification of address and contact details, and a restraint on the mother from bringing the children into contact with Mr DY, with a condition for discharge of this restraint. Further orders prohibited the use of physical force for discipline, mandated specific bedroom arrangements for two children, required compliance with recommendations for a child's medical treatment, and directed attendance at mediation and professional assessments. The court also ordered restraints on denigration, mutual notification of medical emergencies and appointments, and permitted both parents to attend specialist medical appointments. The Independent Children's Lawyer was to be discharged on a specified date, with provisions for forwarding relevant documents. Finally, the court noted the parties' agreement that the rule in *Rice v Asplund* would not be relied upon concerning the orders relating to Mr DY.
The court was required to determine the terms of parenting orders, including arrangements for parental responsibility, living arrangements, and time spent between the children and each parent. The orders also addressed communication, notification of address changes, restrictions on contact with a third party, disciplinary practices, bedroom arrangements for two of the children, ongoing medical treatment and therapy for one child, attendance at mediation and assessments, restrictions on attending certain professionals, prohibitions on denigration, notification of medical emergencies and specialist appointments, and the discharge of the Independent Children's Lawyer.
By consent, the court discharged all previous parenting orders and made new orders. These included equal shared parental responsibility, with the children to live with the mother. Detailed provisions were made for the children to spend time with the father, including during school terms, school holidays, and specific public holidays. The orders also stipulated telephone communication, mutual notification of address and contact details, and a restraint on the mother from bringing the children into contact with Mr DY, with a condition for discharge of this restraint. Further orders prohibited the use of physical force for discipline, mandated specific bedroom arrangements for two children, required compliance with recommendations for a child's medical treatment, and directed attendance at mediation and professional assessments. The court also ordered restraints on denigration, mutual notification of medical emergencies and appointments, and permitted both parents to attend specialist medical appointments. The Independent Children's Lawyer was to be discharged on a specified date, with provisions for forwarding relevant documents. Finally, the court noted the parties' agreement that the rule in *Rice v Asplund* would not be relied upon concerning the orders relating to Mr DY.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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Injunction
Actions
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Citations
Kingston and Kingston [2010] FamCA 1221
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