Naima and Farina
Case
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[2019] FamCA 592
•23 August 2019
Details
AGLC
Case
Decision Date
Naima and Farina [2019] FamCA 592
[2019] FamCA 592
23 August 2019
CaseChat Overview and Summary
This matter concerned an application for contravention and variation of existing orders concerning a child, E. The proceedings were brought by the father, Naima, against the mother, Farina, in the Federal Circuit Court of Australia.
The court was required to determine whether the mother had contravened Count 3 of the father's application, which alleged a failure to comply with specific parenting orders. Additionally, the court considered the father's application to vary a consent order made on 6 December 2017, seeking to introduce a new provision regarding changeovers.
Hogan J dismissed Count 3 of the father's application, finding no contravention. However, the court made new orders pursuant to s 70NEB(1)(b) of the *Family Law Act 1975* (Cth), requiring the child E to spend a two-hour period with her father before 31 December 2019, subject to specific notice and changeover arrangements designed to minimise the father's direct involvement in the changeovers. Furthermore, the court varied the consent order of 6 December 2017 pursuant to s 70NBA of the Act, to include an order that the mother or her nominee must immediately depart the changeover location once the changeover is complete.
The court was required to determine whether the mother had contravened Count 3 of the father's application, which alleged a failure to comply with specific parenting orders. Additionally, the court considered the father's application to vary a consent order made on 6 December 2017, seeking to introduce a new provision regarding changeovers.
Hogan J dismissed Count 3 of the father's application, finding no contravention. However, the court made new orders pursuant to s 70NEB(1)(b) of the *Family Law Act 1975* (Cth), requiring the child E to spend a two-hour period with her father before 31 December 2019, subject to specific notice and changeover arrangements designed to minimise the father's direct involvement in the changeovers. Furthermore, the court varied the consent order of 6 December 2017 pursuant to s 70NBA of the Act, to include an order that the mother or her nominee must immediately depart the changeover location once the changeover is complete.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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Citations
Naima and Farina [2019] FamCA 592
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