Khalid & Khalid (No 3)
Case
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[2016] FamCA 755
•6 September 2016
Details
AGLC
Case
Decision Date
Khalid & Khalid (No 3) [2016] FamCA 755
[2016] FamCA 755
6 September 2016
CaseChat Overview and Summary
In *Khalid & Khalid (No 3)*, Gill J of the Family Court of Australia considered an application by the mother for permission to take the child, D, born in 2009, to India for a specified period. The father opposed this application.
The primary legal issue before the court was whether to grant the mother's request to remove the child from Australia for international travel, and if so, under what conditions to safeguard the father's parental rights and the child's welfare. The court also had to consider an application concerning another child, C, born in 2005.
The court applied section 65Y of the *Family Law Act 1975*, which governs the removal of children from Australia. Gill J permitted the mother to travel with D to India between 10 November 2016 and 18 January 2017, subject to several strict conditions. These conditions included providing the father with copies of return tickets, a detailed itinerary with accommodation details, proof of travel insurance, relevant visas, and medical certificates for immunisations, all to be provided at least 14 days prior to departure. The father was granted liberty to relist the matter on 24 hours' notice if any condition was not met. The court also ordered the mother to engage with the father regarding make-up time for the child within 14 days of their return. The application concerning child C was adjourned for the mother to notify the father of the proceedings.
The primary legal issue before the court was whether to grant the mother's request to remove the child from Australia for international travel, and if so, under what conditions to safeguard the father's parental rights and the child's welfare. The court also had to consider an application concerning another child, C, born in 2005.
The court applied section 65Y of the *Family Law Act 1975*, which governs the removal of children from Australia. Gill J permitted the mother to travel with D to India between 10 November 2016 and 18 January 2017, subject to several strict conditions. These conditions included providing the father with copies of return tickets, a detailed itinerary with accommodation details, proof of travel insurance, relevant visas, and medical certificates for immunisations, all to be provided at least 14 days prior to departure. The father was granted liberty to relist the matter on 24 hours' notice if any condition was not met. The court also ordered the mother to engage with the father regarding make-up time for the child within 14 days of their return. The application concerning child C was adjourned for the mother to notify the father of the proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Costs
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Citations
Khalid & Khalid (No 3) [2016] FamCA 755
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