Prasad and Shan

Case

[2015] FCCA 2801

22 December 2015


Details
AGLC Case Decision Date
Prasad and Shan [2015] FCCA 2801 [2015] FCCA 2801 22 December 2015

CaseChat Overview and Summary

This matter concerned parenting and property disputes between the Mother, Ms Prasad, and the Father, Mr Shan, regarding their two children, X and Y. The proceedings were before Judge Altobelli in the Federal Circuit and Family Court of Australia.

The court was required to determine the future parenting arrangements for the children, including their living arrangements, time spent with each parent, and communication between the children and the Father. Additionally, the court had to make orders regarding spousal maintenance and the adjustment of property interests between the parties.

In relation to parenting, the court dismissed all prior orders and made new orders granting the Mother sole parental responsibility for the children. The children were ordered to live with the Mother, who was granted liberty to relocate with them, including outside of Australia, provided she complied with section 65ZA(4) of the *Family Law Act 1975*. Crucially, the children were ordered to spend no time with the Father until they attained the age of 18 years, and all direct contact or communication between them was prohibited, with limited exceptions for written correspondence facilitated by the Mother. The court also made extensive orders restraining both parents from denigrating each other, discussing proceedings in the children's presence, and imposing specific restraints on the Father regarding contact with the children and the Mother's personal protection.

Regarding property, the court ordered the Father to pay the Mother spousal maintenance of $650 per week for 150 weeks and a lump sum of $154,688 within 28 days. The Father's passport was ordered to be held by the court until the lump sum payment was made, and he was restrained from travelling overseas until compliance. The court also made orders concerning the division of superannuation interests, allocation of specific motor vehicles, liabilities, and jewellery, with each party to retain assets in their possession.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

  • Appeal

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

3

MRR v GR [2010] HCA 4