Klyne and Klyne

Case

[2017] FamCA 807

4 September 2017


Details
AGLC Case Decision Date
Klyne and Klyne [2017] FamCA 807 [2017] FamCA 807 4 September 2017

CaseChat Overview and Summary

In *Klyne and Klyne*, Austin J of the Family Court of Australia considered orders relating to the parental responsibility and time arrangements for three children, B, C, and D. The dispute concerned the future care and upbringing of these children, with the court ultimately making significant adjustments to the existing arrangements.

The court was required to determine the appropriate orders concerning parental responsibility for "major long-term issues" for C and D, where C and D would live, and the specific arrangements for the children to spend time with each parent. Additionally, the court had to consider communication arrangements between the children and their parents, and provisions regarding the parties' conduct towards each other in the presence of the children, as well as the exchange of information about the children's schooling and activities. The court also addressed the surrender of passports and the explanation of the orders to the children.

Austin J ordered that all former orders relating to B be discharged, with the mother retaining sole parental responsibility for B. For C and D, the father was granted sole parental responsibility for major long-term issues, and the children were ordered to live with the father. Specific time arrangements were detailed for C and D to spend time with the mother, including during school terms, holidays, and on specific weekends such as Christmas and Mother's Day/Father's Day. The court also made orders regarding communication between the children and parents, including telephone contact and communication on birthdays. Further orders prohibited denigration of a parent in the presence of the children and mandated the exchange of information regarding the children's educational and extracurricular activities. The mother was ordered to surrender any passports held for C or D and was restrained from applying for new ones. The court also directed that the children be delivered to Child Dispute Services to have the orders explained to them. No order was made as to costs, and all outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Mickelberg v The Queen [1989] HCA 35
Taylor v Taylor [1979] HCA 38
Allesch v Maunz [2000] HCA 40