Kadivar and Kadivar

Case

[2016] FamCA 739

2 September 2016


Details
AGLC Case Decision Date
Kadivar and Kadivar [2016] FamCA 739 [2016] FamCA 739 2 September 2016

CaseChat Overview and Summary

In the matter of *Kadivar and Kadivar*, Carew J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and time arrangements for two children, Z and Y. The dispute involved the parents, Ms Kadivar (the mother) and Mr Kadivar (the father), and their arrangements for the children.

The court was required to determine issues relating to parental responsibility for major long-term decisions concerning the children, the specific time the children would spend with each parent, arrangements for special days and school holidays, and provisions for international travel. The court also addressed communication between the parents, possession of the children's passports, and the mother's application to relocate with the children to New Zealand.

Carew J ordered that the mother and father have equal shared parental responsibility for major long-term issues, requiring them to consult and make genuine efforts to reach joint decisions. If agreement could not be reached, they were to engage in mediation. The children were ordered to live with the mother, with specific, detailed arrangements for the children to spend time with the father during school terms, school holidays, and on special days, including birthdays and public holidays. The court also made orders regarding international travel, requiring written notice and specifying destinations that were prohibited. The mother's application to relocate the children to New Zealand was dismissed. The court further ordered both parents to attend a parenting course to improve communication and understanding of their impact on each other and the children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Baghti & Baghti [2015] FamCAFC 71
AMS v AIF [1999] HCA 26