Hajjar and Kelly

Case

[2011] FamCA 490

14 June 2011


Details
AGLC Case Decision Date
Hajjar and Kelly [2011] FamCA 490 [2011] FamCA 490 14 June 2011

CaseChat Overview and Summary

In the matter of *Hajjar and Kelly*, Cronin J considered an application concerning contravention of parenting orders and sought to vary existing orders. The dispute involved the father's alleged contravention of orders made on 2 August 2010, and the mother's application to discharge certain paragraphs of those orders, alongside a proposed variation to the children's time with the father.

The court was required to determine whether the father had contravened the parenting orders as alleged by the mother. Additionally, the court had to consider the applications to discharge specific paragraphs of the existing orders and to vary the arrangements for the children's time and communication with the father, particularly during school terms and long summer holidays. The court also had to address the provision of make-up time for the children's time with the father during Easter, and the requirement for the parties to attend a post-separation parenting course.

Cronin J dismissed the contravention application. By consent, the court discharged paragraphs 7c, d, and e of the 2 August 2010 order. New orders were made regarding the children's time and communication with the father during school term and long summer holidays, specifying arrangements for the first week of each school term holiday and alternate weeks during the long summer holidays, with flexibility for other times by written agreement. The court also made provision for the suspension of the children's time with the father on Good Friday, Easter Saturday, and Easter Sunday, with a mechanism for make-up time. Finally, the parties were ordered to attend and complete a post-separation parenting course, with particulars of obligations and consequences for contravention set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Consent

  • Remedies

  • Procedural Fairness

  • Costs

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