Kirner and Forrester (No.3)

Case

[2019] FCCA 1463

8 May 2019


Details
AGLC Case Decision Date
Kirner and Forrester (No.3) [2019] FCCA 1463 [2019] FCCA 1463 8 May 2019

CaseChat Overview and Summary

In *Kirner and Forrester (No.3)*, Judge Young considered orders relating to the parental responsibility, residence, and time arrangements for a child born in 2012. The dispute concerned the future living arrangements and contact schedule for the child, including the mother's proposed relocation to Melbourne, Victoria.

The court was required to determine the specific orders concerning shared parental responsibility, the child's residence, and the time the child would spend with each parent. Key issues included the terms of the mother's relocation, the father's contact with the child both before and after the relocation, the financial arrangements for travel, and communication protocols between the parents. The court also addressed the child's passport, international travel restrictions, and measures to prevent denigration of a parent and contact with a third party.

Judge Young made orders discharging previous arrangements and establishing equal shared parental responsibility, with the exception of matters relating to the child's visa and migration applications, for which the mother was granted sole responsibility. The child was ordered to live with the mother, who was permitted to relocate the child to Melbourne after 31 December 2019. Detailed provisions were made for the child's time with the father, both before and after the relocation, including specific arrangements for school holidays and travel costs. The court also imposed injunctions restraining the parties from denigrating each other, discussing proceedings with the child, posting about the child on social media, and preventing contact with a specific individual, Mr A. The maternal grandmother provided an undertaking in relation to Mr A.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2