Chander & Chander

This case concerned an application by Mr Chander (the applicant father) against Ms Chander (the respondent mother) in the Federal Circuit Court of Australia. The dispute revolved around parenting orders concerning the parties' children, specifically the division of time spent with each parent during public holidays and other related matters.

The court was required to determine whether to consolidate existing court files, discharge certain existing orders, and make new orders regarding the allocation of time for the children to spend with each parent on Victorian Gazetted public holidays. Additionally, the court considered whether to discharge an order appointing an Independent Children’s Lawyer and to make orders regarding costs and the restraint of certain behaviours by the parents.

Burchardt J noted that there had been no material change in circumstances since the 2017 consent orders. The court found that while disagreements between the parties were unfortunate, they were largely trivial in the overall scheme of things. The judge acknowledged that cultural differences between the parties contributed to difficulties, observing that the father's Mother's Day message was inappropriate by Australian cultural standards, though not malicious, and that the mother's response showed a dismissive attitude towards the father's culture. The court also addressed complaints of alienation and the mother's tendency to inflate minor issues, suggesting she would be better served by discussing concerns with the father directly.

The court ordered the consolidation of court files, the discharge of specific existing orders, and the reallocation of public holiday time. The father was granted additional time on four specific public holidays, and the remaining six public holidays were to be divided equally, with the father having the right to choose his three days. Restraining orders were made against both parents regarding physical punishment, denigration of the other parent, and discussing proceedings with the children. The Independent Children’s Lawyer was discharged, and the father was ordered to pay the mother's costs.