Kingston and Miller
Case
•
[2013] FamCA 894
•4 November 2013
Details
AGLC
Case
Decision Date
Kingston and Miller [2013] FamCA 894
[2013] FamCA 894
4 November 2013
CaseChat Overview and Summary
In the matter of *Kingston and Miller*, heard before Watts J, the dispute concerned parenting orders for a child born in 2008. The existing orders, including those made on 5 July 2011 by the B Town Local Court, were subject to review and potential discharge.
The court was required to determine the appropriate arrangements for the child's upbringing, specifically addressing issues of parental responsibility, the child's residence, the father's time with the child, and the mother's liberty to relocate the child's residence. The court also considered the nature and extent of communication between the child and the father.
Watts J ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for the child, subject to a condition that she provide the father with 21 days' written notice of any proposed major long-term decision, and consider his response before finalising the decision, unless the decision was urgent. The child was ordered to live with the mother, who was permitted to relocate the child's residence to Country D. The child was to spend time with the father at his expense and communicate with him as mutually agreed, with the mother facilitating electronic communication if the father wished.
The court was required to determine the appropriate arrangements for the child's upbringing, specifically addressing issues of parental responsibility, the child's residence, the father's time with the child, and the mother's liberty to relocate the child's residence. The court also considered the nature and extent of communication between the child and the father.
Watts J ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for the child, subject to a condition that she provide the father with 21 days' written notice of any proposed major long-term decision, and consider his response before finalising the decision, unless the decision was urgent. The child was ordered to live with the mother, who was permitted to relocate the child's residence to Country D. The child was to spend time with the father at his expense and communicate with him as mutually agreed, with the mother facilitating electronic communication if the father wished.
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Areas of Law
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Family Law
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Citations
Kingston and Miller [2013] FamCA 894
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Starr & Duggan
[2009] FamCAFC 115
Sayer v Radcliffe
[2012] FamCAFC 209