FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Nand & Chandana [2023] FedCFamC2F 1573
File number(s): PAC 4533 of 2021 Judgment of: JUDGE OBRADOVIC Date of judgment: 8 December 2023 Catchwords: FAMILY LAW – PARENTING – Where father has no meaningful relationship with the children – where mother gives evidence that she will relinquish the children if the father has any involvement in her or the children’s lives – where father declines to make an application that the children live with him – allegations of family violence – mother’s distress and grief regarding the breakdown of the relationship – whether it is in the children’s best interest not to have a relationship with the father in circumstances where he does not pose an unacceptable risk of harm to the children
FAMILY LAW - CHANGE OF NAMES – Where mother seeks for the children’s names to be changed – where change would remove any reference to paternity
FAMILY LAW - PROPERTY – Small asset pool – limited evidence relating to property adjustment – equal contributions – 75(2) adjustment
FAMILY LAW - SPOUSAL MAINTENANCE - Where mother seeks spousal maintenance for 4 years – where there is no evidence of the father’s capacity to pay spousal maintenance
FAMILY LAW – COSTS – Where mother seeks costs as part of final relief – No submissions made in support – Each party bear own costs
Legislation: Family Law Act 1975 (Cth) ss.60B, 60CA, 60CC, 60CG 61DA, 65DAA, 72, 79, 75(2), 117 Cases cited: Banks & Banks [2015] FamCAFC 36
Bevan & Bevan [2013] FamCAFC 116
Brown & Brown [2007] FamCA 151
Chapman & Chapman [2014] FamCAFC 91
Chapman & Palmer [1978] FamCA 86
Hanas & Jolaha (No. 4) [2019] FamCA 483
Isles v Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
M & M (1989) 166 CLR 69
Maroney & Maroney [2009] FamCAFC 45
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
Russell & Russell [1999]FamCA 1875
Sander & Hearn [2012] FMCAfam 812
MS & PS [2006] FamCA 588
Scott & Danton [2014] FamCAFC 203
Slater & Light [2011] FamCAFC 1
Stanford & Stanford [2012] HCA 52
Teal & Teal [2010] FamCAFC 120
Division: Division 2 Family Law Number of paragraphs: 169 Date of last submission/s: 14 November 2023 Date of hearing: 15-16 March 2023 & 13-14 November 2023 Place: Parramatta Counsel for the Applicant: Ms Gibbons Solicitor for the Applicant: Pannu Lawyers Counsel for the Respondent: Mr Duc (15-16 March 2023) & Mr Antill (13-14 November 2023) Solicitor for the Respondent: Ark Law Lawyers Counsel for the Independent Children's Lawyer: Ms Hayward Solicitor for the Independent Children's Lawyer: Mahony Family Lawyers ORDERS
PAC 4533 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS NAND
Applicant
AND: MR CHANDANA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
8 DECEMBER 2023
THE COURT ORDERS THAT:
CHANGE OF NAME
1.The child X (male) born…
Continue reading Nand & Chandana
Sign in free to access the full text
- AGLC
- Nand & Chandana [2023] FedCFamC2F 1573
- Case
- [2023] FedCFamC2F 1573
- Decision Date
CaseChat Overview and Summary
The court considered whether it was in the children's best interest to maintain a relationship with their father, given his lack of meaningful involvement and the mother's concerns about his potential influence on her and the children's lives. The court concluded that the father had not demonstrated any unacceptable risk of harm to the children. Regarding the change of names, the court permitted the removal of the father's surname from the children’s names, as the mother sought this to sever any connection to paternity. The court also addressed the distribution of the limited property pool, applying a 75(2) adjustment for equal contributions. Spousal maintenance was denied due to insufficient evidence of the father's capacity to pay. The court further ruled that each party bear their own costs as no submissions were made in support of the mother’s request for costs.
The court made orders regarding the children’s names, awarding sole parental responsibility to the mother and permitting the children to live with her. The father was enjoined from denigrating the mother or discussing the proceedings in front of the children. The court ordered a property adjustment, with the mother to receive a lump sum spousal maintenance from the Pannu Lawyers Trust Account. The order directed the father to refinance or repay a loan over a motor vehicle and to notify the Child Support Agency of the property adjustment. The application for spousal maintenance beyond the lump sum was dismissed. The court authorised the Registrar to execute necessary documents in the event of default.
Orders
Orders of the court
PAC 4533 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS NAND
Applicant
AND:
MR CHANDANA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
8 DECEMBER 2023
THE COURT ORDERS THAT:
CHANGE OF NAME
1. The child X (male) born in 2016 shall be henceforth known as X Chandana-Nand.
2. The child Y (male) born in 2019 shall be henceforth known as Y Chandana-Nand.
3. The applicant (mother) Ms Nand is authorised to apply to the Registrar of Births Deaths and Marriages that:
(a) The child registered as X (male) born in 2016 be now registered as X Chandana-Nand; and
(b) The child registered as Y (male) born in 2019 be now registered as Y Chandana-Nand.
4. Pursuant to section 28(5) of the Births, Deaths and Marriages Registration Act 1995 (NSW) the Registrar register the children’s names in the form specified in Order 3 herein.
5. The Court directs that the applicant forthwith serve a sealed copy of this order upon the Registrar of Births Deaths and Marriages.
PARENTING
6. The applicant have sole parental responsibility for the children, X Chandana-Nand born in 2016 and Y Chandana-Nand born in 2019 (“the children”).
7. The children live with the applicant.
8. The applicant is restrained by injunction from:
(a) Denigrating the respondent or a member of his family to or in the presence or hearing of the children (or either of them) and from permitting or allowing any other person from doing so, including via social media; and
(b) Discussing these proceedings with or in front of the children (or either of them) and from permitting or allowing any other person from doing so, including via social media.
9. The applicant is permitted to apply for and renew passports or travel documents for the children to travel overseas without consent being first obtained by the respondent in accordance with section 11 of the Australian Passports Act 2005 (Cth).
10. Pursuant to section 65Y of the Family Law Act 1975 (Cth) (“Act”) the applicant is permitted to remove the children from the Commonwealth of Australia for the purpose of travel at her discretion.
PROPERTY
11. Pursuant to section 79 of the Act, within 7 days of these Orders, the parties shall do all acts and things and sign all documents necessary to direct that funds of $9,266.69 only, from the total $38,247.64 currently held in the Pannu Lawyers Trust Account, be distributed to the respondent or at his direction by way of property adjustment order.
12. That within 28 days from the date of these Orders, the respondent shall refinance in his sole name or repay in full the loan over the Motor Vehicle 1 and shall forthwith indemnify the applicant in respect of such loan.
13. Except as otherwise provided herein, the parties are declared the sole owner at law and in equity of any other assets, money, chattels or superannuation interest in their name or possession.
14. Except as otherwise provided in these Orders, the parties be solely liable to the exclusion of the other for any debt, past or future, standing in their respective name.
15. The respondent is directed to forthwith notify the Child Support Agency of the property adjustment orders made herein such that all arrears currently outstanding may be satisfied by the Child Support Agency (in the manner the agency deems appropriate).
16. Pursuant to section 106A of the Act a Registrar of the Federal Circuit and Family Court of Australia (Division 2) is authorised to execute any document or do any such thing as is required to give effect to these Orders in the event of a default of a party to execute such document or do such things as is necessary under these Orders.
SPOUSAL MAINTENANCE
17. Order 1 made on 12 November 2021 is discharged.
18. Pursuant to section 72 of the Act, within 7 days of these Orders, the parties shall do all acts and things and sign all documents necessary to direct that funds totalling $28,980.95 in the Pannu Lawyers Trust Account be distributed to the applicant by way of lump sum spousal maintenance.
19. The application for spousal maintenance is otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.