Kramer and Kramer
Case
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[2019] FCCA 494
•14 February 2019
Details
AGLC
Case
Decision Date
Kramer and Kramer [2019] FCCA 494
[2019] FCCA 494
14 February 2019
CaseChat Overview and Summary
In the matter of Kramer and Kramer, before Judge Small, the parties sought interim parenting orders concerning their three children. The dispute centred on the arrangements for the children's living arrangements, time spent with each parent, communication, and participation in family therapy.
The court was required to determine the terms of interim parenting orders that would govern the children's lives until further order. Specifically, the court needed to establish orders regarding where the children would live, the schedule for their time with the father, provisions for communication, arrangements for school holidays, and the necessity of family therapy. The court also had to consider how to address situations where a child might be unable to spend time with a parent due to illness, and the right of refusal for overnight care.
Judge Small made interim parenting orders by consent of the parties. These orders stipulated that the children would live with the mother. The father was granted specific periods of time with the children, including alternate weekends, Wednesday evenings during school terms, and half of the school holidays, with detailed provisions for communication via telephone. The orders also mandated that both parents engage in and comply with directions from family therapy. Furthermore, the orders included provisions requiring medical certificates for illness preventing time with a parent and establishing a right of refusal for overnight care if a party was unable to care for the children. The lawyers for the Applicant were directed to engross the Minute of Consent Orders and provide a certified copy to the Court Registry within seven days.
The court was required to determine the terms of interim parenting orders that would govern the children's lives until further order. Specifically, the court needed to establish orders regarding where the children would live, the schedule for their time with the father, provisions for communication, arrangements for school holidays, and the necessity of family therapy. The court also had to consider how to address situations where a child might be unable to spend time with a parent due to illness, and the right of refusal for overnight care.
Judge Small made interim parenting orders by consent of the parties. These orders stipulated that the children would live with the mother. The father was granted specific periods of time with the children, including alternate weekends, Wednesday evenings during school terms, and half of the school holidays, with detailed provisions for communication via telephone. The orders also mandated that both parents engage in and comply with directions from family therapy. Furthermore, the orders included provisions requiring medical certificates for illness preventing time with a parent and establishing a right of refusal for overnight care if a party was unable to care for the children. The lawyers for the Applicant were directed to engross the Minute of Consent Orders and provide a certified copy to the Court Registry within seven days.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Procedural Fairness
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Remedies
Actions
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Citations
Kramer and Kramer [2019] FCCA 494
Cases Citing This Decision
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Statutory Material Cited
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