Kucheida and Shannen
Case
•
[2017] FamCA 796
•5 October 2017
Details
AGLC
Case
Decision Date
Kucheida and Shannen [2017] FamCA 796
[2017] FamCA 796
5 October 2017
CaseChat Overview and Summary
In the matter of *Kucheida and Shannen*, heard by Gill J, the court was required to determine parenting orders concerning the child, B, born in 2010. The dispute involved the father, Mr Kucheida, and the mother, Ms Shannen, regarding the child's living arrangements, parental responsibility, and the nature and extent of the father's contact with the child.
The central legal issues before the court were: (a) the allocation of sole parental responsibility for the child; (b) the child's primary residence; (c) the terms and conditions under which the father would spend time with the child, including the necessity and nature of supervision; and (d) the extent to which communication and proximity between the parents should be restricted for the protection of the mother.
Gill J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was ordered to provide an email address for contact and the mother was directed to provide regular updates on the child's schooling, health, and activities via email. Crucially, the father's time with the child was to be supervised by a professional organisation, C Group, at a specified location or an agreed alternative venue, with the father responsible for supervision fees. Specific provisions were made for the scheduling of this supervised time, including notice requirements. Furthermore, pursuant to s 68B of the relevant legislation, Mr Kucheida was restrained from communicating with or approaching Ms Shannen, attending her residence or workplace, or attending the child's school, except as permitted by the orders. The father was permitted to send gifts, and the mother was to ensure the child received them and encourage a response. Communication between the parents was limited to written forms for the implementation of the orders.
The central legal issues before the court were: (a) the allocation of sole parental responsibility for the child; (b) the child's primary residence; (c) the terms and conditions under which the father would spend time with the child, including the necessity and nature of supervision; and (d) the extent to which communication and proximity between the parents should be restricted for the protection of the mother.
Gill J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was ordered to provide an email address for contact and the mother was directed to provide regular updates on the child's schooling, health, and activities via email. Crucially, the father's time with the child was to be supervised by a professional organisation, C Group, at a specified location or an agreed alternative venue, with the father responsible for supervision fees. Specific provisions were made for the scheduling of this supervised time, including notice requirements. Furthermore, pursuant to s 68B of the relevant legislation, Mr Kucheida was restrained from communicating with or approaching Ms Shannen, attending her residence or workplace, or attending the child's school, except as permitted by the orders. The father was permitted to send gifts, and the mother was to ensure the child received them and encourage a response. Communication between the parents was limited to written forms for the implementation of the orders.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Kucheida and Shannen [2017] FamCA 796
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1