Khoury and Mills
Case
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[2013] FamCA 300
•7 May 2013
Details
AGLC
Case
Decision Date
Khoury and Mills [2013] FamCA 300
[2013] FamCA 300
7 May 2013
CaseChat Overview and Summary
This matter concerned parenting orders for two children, L Khoury and M Khoury, born in 2002 and 2005 respectively. The dispute involved the father's application for an injunction to prevent the mother from relocating from the "B area" and the determination of the children's living arrangements and the father's contact with them. The decision was made by Faulks DCJ.
The court was required to determine the primary caregiver for the children, where the children would live, and the extent of the father's future contact with them, including the father's request for an injunction to prevent the mother's relocation. The court also had to consider the provision of information regarding the children's welfare and education to the father.
Faulks DCJ ordered that the mother have sole parental responsibility for the children and that they live with her. The father's application for an injunction to restrain the mother from relocating was refused. The court established a specific regime for the father's communication with the children, including scheduled weekly telephone calls and calls on their birthdays, to be facilitated by the mother. While the mother remained in the B area, the children were to spend time with the father for two hours on the first Saturday of each month, supervised by a named service. The mother was also ordered to provide the father with reports on the children's development and welfare, and to authorise schools to provide him with reports and notices at his expense.
The court further ordered that all other previous parenting orders in relation to the children be discharged. Provisions were made for the return of subpoenaed material and the discharge of the Independent Children's Lawyer upon the expiry of the appeal period. The matter was removed from the pending cases list.
The court was required to determine the primary caregiver for the children, where the children would live, and the extent of the father's future contact with them, including the father's request for an injunction to prevent the mother's relocation. The court also had to consider the provision of information regarding the children's welfare and education to the father.
Faulks DCJ ordered that the mother have sole parental responsibility for the children and that they live with her. The father's application for an injunction to restrain the mother from relocating was refused. The court established a specific regime for the father's communication with the children, including scheduled weekly telephone calls and calls on their birthdays, to be facilitated by the mother. While the mother remained in the B area, the children were to spend time with the father for two hours on the first Saturday of each month, supervised by a named service. The mother was also ordered to provide the father with reports on the children's development and welfare, and to authorise schools to provide him with reports and notices at his expense.
The court further ordered that all other previous parenting orders in relation to the children be discharged. Provisions were made for the return of subpoenaed material and the discharge of the Independent Children's Lawyer upon the expiry of the appeal period. The matter was removed from the pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
Actions
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Citations
Khoury and Mills [2013] FamCA 300
Most Recent Citation
WINTERS & BEAN
[2013] FCCA 1334
Cases Cited
1
Statutory Material Cited
2
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209