Khalili & Chatha (No. 2)

In *Khalili & Chatha (No. 2)*, Foster J of the Federal Circuit Court of Australia considered an application for contravention of final orders made in family law proceedings. The applicant alleged that the respondent mother had failed to make the children available for time ordered by the court. The respondent mother contended that she had a reasonable excuse for this failure.

The primary legal issue before the court was whether the respondent mother had established a reasonable excuse for the alleged contravention of the final orders. A secondary issue arose regarding the appropriateness of ordering the parties to attend counselling, given their ongoing conflict following the recent final orders.

His Honour found that the respondent mother had established a reasonable excuse for the contravention, and therefore dismissed the application. In light of the continuing conflict between the parties, Foster J considered it appropriate to make an order pursuant to section 13C of the *Family Law Act 1975* for the parties to attend counselling. The court ordered that the parties contact Uniting Counselling and Mediation (Unifam) within seven days to arrange and attend an intake appointment for the Unifam Post-Orders Intervention Pilot program, and to participate in and complete the program if deemed suitable.