Kennedy & Kennedy 2010 Fam CAFC 195
A couple with an infant separated. Overnight stays The father applied to begin overnight stays for…
The case involved an infant aged 15 months whose parents separated when the infant was aged 2 weeks, and where the parents lived in different states. The infant barely recognised the father during the hearing and showed little attachment to the father (attachment nil). The father applied for the child to return to live with him.
The Court heard evidence from two simultaneous experts, both a Family Consultant and a single expert.
On leaving the father the mother had moved to live with her own mother. The judge found that it was not practicable for the mother to return to live in the same city as the father.
The judge ordered that the child remain living with the mother and spend time with the father. The judge ordered adjustments to the time the child spends with the father on a graduated approach so that times increased when the child reached the ages of 2 years, at 4 years to include one overnight stay, and at 5 years to include two consecutive overnight stays. The judge ordered that Skype communication commence when the child was aged 2 years, for 30 minutes each week.
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