Mckenzie and Mckenzie

Case

[2013] FamCA 1098

10 December 2013


Details
AGLC Case Decision Date
Mckenzie and Mckenzie [2013] FamCA 1098 [2013] FamCA 1098 10 December 2013

CaseChat Overview and Summary

This matter came before Johns J in the Family Court of Australia concerning parenting orders for the children of the marriage, B and C. The dispute involved the arrangements for the children following the separation of their parents, the Husband and Wife.

The court was required to determine the specific orders regarding shared parental responsibility, the primary residence of the children, and the time each parent would spend with them. Additionally, the court needed to address issues of communication between the parents, restrictions on their conduct in the presence of the children, and arrangements for school, medical care, and travel. The court also considered the need for therapeutic counselling to assist the parties in co-parenting effectively.

Johns J made detailed orders discharging previous parenting orders and establishing new arrangements. The court ordered shared parental responsibility, with the children to live with the Wife in the D Town area. The Husband was granted substantial and significant time with the children, with specific provisions for weekdays, weekends, school holidays, and special days, including Christmas and birthdays. The court also imposed prohibitions on denigrating the other parent, discussing proceedings with the children, using physical discipline, and recording conversations. Further orders facilitated communication between parents and children, ensured both parents received school and medical information, and granted equal rights to attend school events. The court also ordered the parties to attend therapeutic counselling, with the Husband initially bearing the cost of the first two sessions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

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