Khalili and Chatha (No 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Jurisdiction
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Procedural Fairness
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