Khalili & Chatha

This case involved a dispute between a mother and father concerning their four children, with the primary issue being the arrangements for the children's time with their father. The court was required to determine how the children would spend time with their father, considering allegations of family violence, the wishes of the eldest child who was nearing 16, and the mother's concerns about the younger children's safety. Additionally, the father sought to restrain the mother and children from travelling overseas, and the court also addressed an application for costs by the independent children's lawyer.

The court found that family violence had occurred, and that both parents had contributed to the children's exposure to it. In determining the parenting orders, the court considered the best interests of the children, including the eldest child's autonomy and the need for the younger children to have a relationship with their father, albeit with some limitations. The court also addressed the contentious issue of international travel, imposing specific conditions to safeguard the children.

Ultimately, the court ordered that the children live with the mother, who would have sole parental responsibility for major long-term issues, subject to a requirement to consult with the father. The father was granted specific time with the three younger children, including alternate weekends and a portion of school holidays, with detailed provisions for changeovers and communication. The eldest child's time with the father was to be as agreed between them. Both parents were permitted to travel internationally with the younger children from January 2018, subject to strict notification and itinerary requirements, and the father was ordered to retain possession of the children's passports until that date. The court also ordered the father to pay $10,000 and the mother $7,186.60 towards the costs of the independent children's lawyer.