Sachin & Sachin

Case [2023] FedCFamC2F 1337


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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AGLC
Sachin & Sachin [2023] FedCFamC2F 1337
Case
[2023] FedCFamC2F 1337
Decision Date

CaseChat Overview and Summary

The case of Sachin & Sachin involved the parents of children, Sachin and his ex-partner. The dispute centred around parenting arrangements, specifically concerning the manner of child handovers and the encouragement of the children to spend time with Sachin. The matter was heard in the Family Court of Australia. The central legal issues the court had to address were whether Sachin contravened the existing parenting orders, the reasonableness of his excuse for such contravention, and the appropriate sanctions to impose. Additionally, the court had to decide on the variation of the parenting orders regarding the changeover arrangements and the imposition of a bond.

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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