Tarak and Khaled
Case
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[2009] FamCA 177
•11 March 2009
Details
AGLC
Case
Decision Date
Tarak and Khaled [2009] FamCA 177
[2009] FamCA 177
11 March 2009
CaseChat Overview and Summary
In the matter of Tarak and Khaled, Dessau J of the Family Court of Australia made orders concerning the parenting of three children. The dispute involved complex parenting arrangements and the father's contact with the children, as well as orders preventing the removal of the children from Australia.
The court was required to determine the appropriate parenting orders for the children, including issues of parental responsibility, living arrangements, and the father's contact with the children. Additionally, the court considered the necessity of restraining the removal of the children from the Commonwealth of Australia and the involvement of the Australian Federal Police in enforcing such a restraint. The court also addressed the issue of costs.
Dessau J ordered the discharge of all previous parenting orders. The father and mother were restrained from removing the children from Australia, with their names to be placed on an Airport Watch List. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father was significantly restricted in his contact with the mother and was ordered to have supervised time with the children for two hours per fortnight at a specific park or agreed venue, with costs associated with this time to be borne by the father. The father was permitted to obtain a report regarding his supervised time with the children after a specified date, provided he paid the report fee in advance. The mother was ordered to keep the father informed of significant medical conditions and school reports for the children, and the father was permitted to attend parent-teacher interviews under specific conditions. The father was ordered to pay the mother's costs, fixed at $597. The court also included a Fact Sheet detailing the obligations and consequences of contravening the orders, pursuant to ss 65DA(2) and 62B of the relevant legislation. All existing applications were dismissed.
The court was required to determine the appropriate parenting orders for the children, including issues of parental responsibility, living arrangements, and the father's contact with the children. Additionally, the court considered the necessity of restraining the removal of the children from the Commonwealth of Australia and the involvement of the Australian Federal Police in enforcing such a restraint. The court also addressed the issue of costs.
Dessau J ordered the discharge of all previous parenting orders. The father and mother were restrained from removing the children from Australia, with their names to be placed on an Airport Watch List. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father was significantly restricted in his contact with the mother and was ordered to have supervised time with the children for two hours per fortnight at a specific park or agreed venue, with costs associated with this time to be borne by the father. The father was permitted to obtain a report regarding his supervised time with the children after a specified date, provided he paid the report fee in advance. The mother was ordered to keep the father informed of significant medical conditions and school reports for the children, and the father was permitted to attend parent-teacher interviews under specific conditions. The father was ordered to pay the mother's costs, fixed at $597. The court also included a Fact Sheet detailing the obligations and consequences of contravening the orders, pursuant to ss 65DA(2) and 62B of the relevant legislation. All existing applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Remedies
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Procedural Fairness
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Jurisdiction
Actions
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Citations
Tarak and Khaled [2009] FamCA 177
Cases Citing This Decision
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Statutory Material Cited
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