Kabir & Kabir (No. 3)

Case

[2021] FamCA 69

17 February 2021


Details
AGLC Case Decision Date
Kabir & Kabir (No. 3) [2021] FamCA 69 [2021] FamCA 69 17 February 2021

CaseChat Overview and Summary

In *Kabir & Kabir (No. 3)*, the applicant father alleged contravention of court orders by the respondent mother. The court was required to determine whether the mother had contravened the orders and, if so, whether she had a reasonable excuse for such contravention.

Gill J found that the contravention alleged by the father was established. However, the court also found that the mother had established a reasonable excuse for the contravention. In light of this, the court made an order pursuant to s 70NDB of the *Family Law Act 1975* (Cth) for compensating time.

The court then made further orders regarding the father spending time with the children, some by consent and some without consent, specifying dates, times, and handover locations. The matter was subsequently transferred to the Registrar's list for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Costs

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