El Saeid and Masih
Case
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[2017] FamCA 422
•16 June 2017
Details
AGLC
Case
Decision Date
El Saeid and Masih [2017] FamCA 422
[2017] FamCA 422
16 June 2017
CaseChat Overview and Summary
In the matter of El Saeid and Masih, Rees J of the Family Court of Australia made orders concerning the children Q and R. The dispute involved arrangements for the children's time with their parents.
The court was required to determine the specific arrangements for the children's time with their father, including a period of time from 23 June 2017 to 25 June 2017, and a subsequent period where the children would live with their father from 28 June 2017. Additionally, the court considered the appointment of an Independent Children's Lawyer.
Rees J ordered that the children spend time with their father during the specified weekend in June 2017, with the mother to deliver the children to family consultants for this purpose. The father was to return the children to the mother's home at the conclusion of this period. The court further ordered that from 28 June 2017, the children would live with their father in accordance with previous orders. Pursuant to section 68L(2) of the *Family Law Act 1975* (Cth), an Independent Children's Lawyer was appointed for the children, with a request made to the Legal Aid Commission of New South Wales to arrange this representation. The court also set out provisions for the Independent Children's Lawyer to file a notice of address for service, for parties to provide relevant documents, and for the Independent Children's Lawyer to inspect and copy court documents. Finally, the court ordered that particulars of the obligations, consequences of contravention, and sources of assistance were to be included in a fact sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The court was required to determine the specific arrangements for the children's time with their father, including a period of time from 23 June 2017 to 25 June 2017, and a subsequent period where the children would live with their father from 28 June 2017. Additionally, the court considered the appointment of an Independent Children's Lawyer.
Rees J ordered that the children spend time with their father during the specified weekend in June 2017, with the mother to deliver the children to family consultants for this purpose. The father was to return the children to the mother's home at the conclusion of this period. The court further ordered that from 28 June 2017, the children would live with their father in accordance with previous orders. Pursuant to section 68L(2) of the *Family Law Act 1975* (Cth), an Independent Children's Lawyer was appointed for the children, with a request made to the Legal Aid Commission of New South Wales to arrange this representation. The court also set out provisions for the Independent Children's Lawyer to file a notice of address for service, for parties to provide relevant documents, and for the Independent Children's Lawyer to inspect and copy court documents. Finally, the court ordered that particulars of the obligations, consequences of contravention, and sources of assistance were to be included in a fact sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
El Saeid and Masih [2017] FamCA 422
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