Khorsandi and Rashidi (No 2)

Case

[2014] FamCA 778

17 September 2014


Details
AGLC Case Decision Date
Khorsandi and Rashidi (No 2) [2014] FamCA 778 [2014] FamCA 778 17 September 2014

CaseChat Overview and Summary

In *Khorsandi and Rashidi (No 2)*, the Federal Circuit Court considered an application for interim parenting orders concerning two children, B (born 2007) and M (born 2008). The dispute involved the father, who resided interstate, and the mother, with whom the children lived. The proceedings were brought in the context of allegations of family violence and concerns regarding the children's cultural and religious upbringing.

The court was required to determine the interim arrangements for the children's time with their father, specifically whether contact should be supervised and the extent of that contact, having regard to the best interests of the children as mandated by the *Family Law Act 1975* (Cth). Key considerations included the importance of the children spending time with both parents, the children's views, and any potential risk of harm.

Applying the principles enshrined in sections 60CA and 60CC of the *Family Law Act 1975* (Cth), Hannam J focused on the paramountcy of the children's best interests. The court weighed the desire for the children to maintain a meaningful relationship with their father against the need to protect them from harm, particularly in light of the family violence allegations and the father's interstate residence. The court also considered the children's views and the cultural and religious aspects of their upbringing.

Pending further order, the court ordered that the children spend time with their father each alternate weekend, from Friday afternoon after school until Sunday at 4:00 pm, commencing on 19 September 2014.
Details

Areas of Law

  • Family Law

  • Evidence

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Deiter & Deiter [2011] FamCAFC 82
SS & AH [2010] FamCAFC 13