FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Pahari & Upadhya [2022] FedCFamC2F 431
File number(s): AYC 372 of 2020 Judgment of: JUDGE STREET Date of judgment: 17 May 2022 Catchwords: FAMILY LAW – PARENTING – final hearing – where the Respondent Father has failed to appear – where the Court is satisfied that it is appropriate that the matter proceed as an undefended hearing – allegations of neglect – where the Children expressed reluctance to spend much time with the Applicant Mother – whether the Applicant Mother should have significant and meaningful time with the Children – where the Court has the benefit of an ICL – orders made Legislation: Family Law Act1975 (Cth) pt 7; ss 60B, 60CA, 60CC, 61C(1), 65DAA
Federal Circuit and Family Court of Australia Act2021 (Cth) ss 67
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.26, 10.27
Cases cited: An & Zhu [2006] FamCA 179
Goode & Goode [2006] FamCA 1346
Lancey & Lancey [1994] FamCA 94
Division: Division 2 Family Law Number of paragraphs: 20 Date of hearing: 22 March 2022 Place: City D Solicitor for the Applicant: Ms Maher Solicitor for the Respondent: No appearance Solicitor for the Independent Children’s Lawyer: Ms Rutkowska ORDERS
AYC372 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS PAHARI
Applicant
AND: MR UPADHYA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
22 MARCH 2022
THE COURT ORDERS THAT:
1.The hearing proceed as a final undefended hearing.
2.The Court makes orders in accordance with Orders 1 to 10 of the Further Amended Initiating Application filed on 6 October 2021, as attached to these orders at ‘Annexure A’.
ANNEXURE A:
1.The children live with the Father.
2.The children spend time and communicate with the Mother as follows:
2.1.For one week in each of the short school holidays to commence on the first Monday of the school holiday period at 3pm to the second Monday of the school holiday period at 3pm;
2.2.During the end of year December / January school holidays for a period of 2 weeks, to commence on the first Monday in January of each year at 3pm, or otherwise as agreed in writing between the parties;
2.3.In the event the Mother travels to Sydney, for no less than 3 hours each day, upon her providing 72 hours’ notice to the Father of her visit;
2.4.On special occasions as agreed between the parties in writing;
2.5.By telephone or face time each Monday, Wednesday and Saturday between 5pm and 6pm when the children are not in the Mother’s care.
2.6.At all other times as agreed in writing between the parties.
3.For the purpose of paragraph 2 (save for 2.3) the Mother shall collect the children from the City C Police Station at the commencement of her time, and the Father shall collect the children from the City B Police Station at the conclusion of the Mother’s time with the children.
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- AGLC
- Pahari & Upadhya [2022] FedCFamC2F 431
- Case
- [2022] FedCFamC2F 431
- Decision Date
CaseChat Overview and Summary
The Court considered the evidence and submissions presented, including the Child-Inclusive Memorandum to the Court. The Applicant Mother sought orders for the children to live with the Respondent Father and to spend substantial and significant time with her. The Court found that the proposed orders in the Applicant Mother's Further Amended Application were in the best interests of the children. The Court took into account the views of the children, who had expressed a preference to live with the Respondent Father. The Court also noted that the Independent Children's Lawyer supported the orders as identified in the Applicant Mother's Further Amended Application.
The Court made orders for the children to live with the Respondent Father and to spend substantial and significant time with the Applicant Mother, in accordance with the Further Amended Application. The Court also made orders in relation to communication, contact, and other matters. The Court considered the evidence and submissions and was satisfied that the proposed orders were in the best interests of the children. The Court made the orders pronounced on 22 March 2022.
In summary, the Court found that the matter could proceed as an undefended hearing, considered the evidence and submissions presented, and made orders that were in the best interests of the children. The Court took into account the views of the children and the support of the Independent Children's Lawyer. The Court made orders for the children to live with the Respondent Father and to spend substantial and significant time with the Applicant Mother, as well as other orders in relation to communication, contact, and other matters.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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