FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Sachin & Sachin [2023] FedCFamC2F 1337
File number(s): MLC 10441 of 2020 Judgment of: JUDGE MCGINN Date of judgment: 18 October 2023 Catchwords: FAMILY LAW – CONTRAVENTION – Interim parenting orders – primary order as to time spending not by consent – changeover – obligations of party in encouraging children to attend - no application for suspension or variation of orders by respondent – variation of parenting order – substantive trial pending –changeover in the presence of both parties – lack of sufficient encouragement – contravention no reasonable excuse – sanctions – variation of order– bond – explanation of bond – costs Legislation: Family Law Act 1975 (Cth)
Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth)
Cases cited: Attreed & Attreed (1980) FLC 90-907
Caballes & Tallant (2014) FLC 93-596
Cavanough and Cavanough (1980) FLC 90-851
Dobbs & Dobbs (2021) FLC 94-021
Gaunt and Gaunt (1978) FLC 90-468
Greer v Bedelia [2009] FamCAFC 136
Jackson & Fordham (1995) FLC 92-561
Keehan & Keehan [2019] FamCAFC 250
Matthews v Millar and Anor [1988] 12 Fam LR 205
Millson & Halbert [2021] FedCFamC1F 94
Nieuwstraten & Nieuwstraten (1987) FLC 91-826
O’Brien & O’Brien (1993) FLC 92-396
Rice & Asplund [1978] FamCA 84; (1979) FLC 90-725; (1978) 6 FamLR 570
Sahari & Sahari (1976) FLC 90-086
Stevenson & Hughes (1993) FLC 92-363
Wallington & Wallington (No 4) [2020] FCCA 2167
Winch v Jackson [2015] FamCAFC 75
WJP & TP [2002] FMCAfam 315
Division: Division 2 Family Law Number of paragraphs: 375 Date of hearing: 19 September 2023, 16 October 2023 Place: Adelaide Counsel for the Applicant: Mr Kanarev Solicitor for the Applicant: Bentleys Barristers and Solicitors Counsel for the Respondent: Mr Kiernan Solicitor for the Respondent: Yarra Family Lawyers ORDERS
MLC 10441 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR SACHIN
Applicant
AND: MS SACHIN
Respondent
ORDER MADE BY:
JUDGE MCGINN
DATE OF ORDER:
18 OCTOBER 2023
IT IS ORDERED:
1.That the respondent mother do attend before Judge McGinn on Friday, 20 October 2023 at 2:15pm (Adelaide Time) to receive an explanation in relation to the bond referred to in the Court’s judgment delivered this day and to make orders as are found at the end of the judgment delivered this day.
2.That pursuant to s 70NBA orders 6 and 7 of the orders made 28 November 2022 (as amended) be discharged and be replaced by:
6. Where changeover cannot practically occur at the children’s school or schools, changeover to occur at the [Suburb B] Police Station or at any other place agreed between the parents in writing.
7. For the purpose of change occurring at the [Suburb B] Police Station pursuant to order 6 herein:
(a) changeovers shall occur inside the police station;
(b) the father be permitted to be within 5 metres of…
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CaseChat Overview and Summary
The court found that Sachin contravened the primary parenting order regarding the time spent with the children, as it was not established by consent. The contravention involved the changeover process and Sachin's failure to sufficiently encourage the children to attend. The mother did not apply for the suspension or variation of the orders. The court noted that the contravention was not due to any reasonable excuse and decided to vary the parenting order to ensure that future changeovers occur in the presence of both parties. The court also imposed a bond on Sachin to explain its terms and ordered costs. The variation of the order included the specific location and conditions for changeovers, ensuring they occur inside the police station and allowing Sachin to be within 5 metres of the mother during the handover.
The final orders of the court mandated that the mother attend a hearing to receive an explanation of the bond and for further orders. The court discharged the previous parenting orders concerning the changeover location and replaced them with new orders specifying that changeovers should occur at the [Suburb B] Police Station or another agreed location, with conditions for the handover process. The new orders also outlined the specific procedures for changeovers at the police station, including the proximity of the parties and the requirement for the mother to leave immediately after the handover.
Orders
Orders of the court
IT IS ORDERED:
1. That the respondent mother do attend before Judge McGinn on Friday, 20 October 2023 at 2:15pm (Adelaide Time) to receive an explanation in relation to the bond referred to in the Court’s judgment delivered this day and to make orders as are found at the end of the judgment delivered this day.
2. That pursuant to s 70NBA orders 6 and 7 of the orders made 28 November 2022 (as amended) be discharged and be replaced by:
6. Where changeover cannot practically occur at the children’s school or schools, changeover to occur at the [Suburb B] Police Station or at any other place agreed between the parents in writing.
7. For the purpose of change occurring at the [Suburb B] Police Station pursuant to order 6 herein:
(a) changeovers shall occur inside the police station;
(b) the father be permitted to be within 5 metres of the mother while receiving the children, including [Z], into his care; and
(c) upon delivering the children to the changeover venue the mother is to remove herself forthwith and not remain at the changeover venue.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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