Fayad & Khalil

Case

[2021] FCCA 1470

30 June 2021


Details
AGLC Case Decision Date
Fayad & Khalil [2021] FCCA 1470 [2021] FCCA 1470 30 June 2021

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, O'Shannessy J made orders concerning the children X and Y in proceedings between Mr Fayad (the Applicant Husband) and Ms Khalil (the Respondent Wife). The dispute involved allegations of psychological abuse of the children by the Wife and allegations of family violence by the Husband against the Wife and children.

The court was required to determine the arrangements for the independent representation of the children, the need for expert assessments regarding the children's development and behaviour, and the parties' psychological evaluations. Additionally, the court considered the necessity of family therapy to foster a meaningful relationship between the children and the Husband, address the children's behavioural issues, and improve parental communication.

The court ordered the appointment of an Independent Children's Lawyer and directed the Wife to arrange for a paediatrician's assessment of the children's development and behaviour, with costs to be shared equally. Both parties were ordered to attend a risk assessment and psychological evaluation with a psychologist, with costs to be paid from the sale of the former matrimonial home. Furthermore, the Husband, Wife, and children were ordered to participate in reportable family therapy, with costs also to be shared equally from the sale of the home. The court also authorised the Independent Children's Lawyer and the Family Consultant to obtain information from various professionals and institutions involved with the children. The court noted that the children were not currently spending time with the Husband due to concerning behaviour during supervised time.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Expert Evidence

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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SS & AH [2010] FamCAFC 13