Darvish and Darvish

Case

[2014] FamCA 1081

2 December 2014


Details
AGLC Case Decision Date
Darvish and Darvish [2014] FamCA 1081 [2014] FamCA 1081 2 December 2014

CaseChat Overview and Summary

In *Darvish and Darvish*, Hannam J of the Family Court of Australia was required to determine parenting orders concerning the time the parties' children would spend with each parent during the December 2014 school holidays. The dispute centred on the specific arrangements for the children's time with their father and mother, including the suspension and recommencement of existing parenting orders.

The court was asked to consider the allocation of time for the children during the school holiday period, the impact of these arrangements on existing orders regarding alternate weekend contact and specific child contact, and the inclusion of contravention provisions under the *Family Law Act 1975* (Cth). The court also noted the father's potential desire to take the children on a holiday during his allocated time.

Hannam J made orders that detailed specific periods for the children to spend with each parent during the December 2014 school holidays. These orders suspended the usual alternate weekend arrangements and a specific contact regime for one child, with the intention that these would recommence after the holiday period. A specific provision was made for the children to spend Christmas Eve and Christmas Day with their mother. The court also included particulars of obligations and consequences of contravention pursuant to section 65DA(2) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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