Khalili and Chatha (No 2)

Case

[2015] FamCA 664

30 July 2015


Details
AGLC Case Decision Date
Khalili and Chatha (No 2) [2015] FamCA 664 [2015] FamCA 664 30 July 2015

CaseChat Overview and Summary

In the matter of *Khalili and Chatha (No 2)*, Hannam J of the Family Court of Australia considered an application concerning contraventions of existing court orders relating to children Y, B, and H. The dispute centred on the father's missed time with the children, which had occurred due to the mother's alleged contraventions of the parenting orders.

The primary legal issue before the court was to determine the appropriate orders to be made in light of the established contraventions by the mother. This involved considering the father's entitlement to make-up time with the children and the specific duration and timing of such make-up time, as well as the consequences of future contraventions.

Hannam J ordered that the father be granted make-up time with the children to compensate for the time he missed due to the mother's contraventions. The court specified the exact quantum of this make-up time, extending the father's existing time with H by one hour on 11 occasions, and with Y and B by one hour on 15 occasions. Further, the father's time with H was extended by 30 minutes on a twelfth occasion, and with B and Y by 30 minutes on a sixteenth occasion. These make-up provisions were to commence from 15 August 2015. Additionally, pursuant to section 65DA(2) of the *Family Law Act 1975* (Cth), the orders included particulars of the obligations created and the potential consequences of contravention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Cited

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Statutory Material Cited

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KHALILI & CHATHA [2015] FamCA 621