Choudhary and Hailey and Ors

This matter concerned proceedings before Justice Hannam in the Family Court of Australia, involving the applicant, Mr Choudhary, the respondent mother, and interveners, Mr Choudhary Snr and Ms C. The dispute revolved around parenting arrangements for the children, L and S, and involved allegations of family violence. The court was required to make orders concerning the children's living arrangements, parental responsibility, and contact, as well as addressing the safety and well-being of the children and the mother.

The court was tasked with determining a range of legal issues, including the appropriate allocation of parental responsibility and living arrangements for L and S, given the context of family violence. It also needed to consider the mother's engagement with therapeutic services and her cooperation in criminal proceedings related to an assault charge. Furthermore, the court was required to address the potential intervention of the Secretary of the NSW Department of Family and Community Services and to make orders to ensure the children's safety, including injunctions against contact with a Mr N and preventing their removal from Australia.

Justice Hannam made a series of orders by consent between the respondent and the interveners, and on an undefended basis in relation to the applicant. These orders discharged all prior parenting orders and established new arrangements. Mr Choudhary Snr was granted sole parental responsibility for L, with L to live with him. The mother was granted sole parental responsibility for S, with S to live with her. The court also issued injunctions restraining all parties from allowing the children to come into contact with Mr N. Significant emphasis was placed on therapeutic interventions for the parents and children, with orders for counselling with Dr V and for the mother to engage with her own therapist. The court also made extensive orders to prevent the removal of the children from Australia, including placing their names on the airport watch list and requiring the surrender of their passports. The Secretary of the NSW Department of Family and Community Services was requested to intervene in the proceedings, with leave granted for the Independent Children’s Lawyer to provide relevant documents to the Secretary. The proceedings were listed for further directions.