ABBOUD & ADJANI - [2019] FamCA 525

FAMILY COURT OF AUSTRALIA

ABBOUD & ADJANI

[2019] FamCA 525

FAMILY LAW – CHILDREN – Undefended final parenting hearing – where the father has perpetrated family violence against the mother – where the father has a history of drug use – where the father poses an unacceptable risk of harm to the children on the basis of exposing them to family violence and drug use – where there are risk factors associated with both parents – where orders are made for the children to live with the mother and spend no time with the father.

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 69ZN

G & C [2006] FamCA 994
Goode & Goode (2006) FLC 93-286

Jarrah & Fadel [2014] FamCAFC 14

Mazorski & Albright (2007) Fam LR 518
McCall & Clark (2009) FLC 93-405; 41 Fam LR 483; [2009] FamCAFC 92

APPLICANT:

Mr Abboud

RESPONDENT:

Ms Adjani

INDEPENDENT CHILDREN’S LAWYER:

Shedden & Associates

FILE NUMBER:

PAC

986

2012

DATE DELIVERED:

8 August 2019

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Hannam J

HEARING DATE:

16 April 2019

REPRESENTATION

THE APPLICANT:

No appearance

SOLICITOR FOR THE RESPONDENT:

Sanford Legal

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Shedden & Associates

Orders

That the mother have sole parental responsibility for Z, born …2007, X, born … 2009 and Y, born … 2010 (“the children”);
That the children live with the mother;
That the children spend no time with the father.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Abboud & Adjani has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC986/2012

Mr Abboud

Applicant

And

Ms Adjani

Respondent

REASONS FOR JUDGMENT

Introduction

These proceedings concern the long term parenting arrangements for the parties’ three children, Z, aged 11, X, aged nine and Y aged eight (“the children”).
The parties were married in 2004. Their relationship was characterised by domestic violence with the mother being subjected to physical and psychological abuse by the father. On a number of occasions the mother separated from the father but after a short period of time the parties reconciled. They separated on a final basis in around 2010.
The parties have been involved in lengthy litigation since 2012 when the father commenced proceedings in the Federal Magistrates Court as it was then known.
In April 2019 the matter proceeded on an undefended basis as against the father, who did not make an appearance. On this occasion orders were made for the mother to have sole…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading ABBOUD & ADJANI

Details

AGLC: ABBOUD & ADJANI [2019] FamCA 525
Case: [2019] FamCA 525
Decision Date: 8 August 2019

CaseChat Overview and Summary

In the matter of *ABBOUD & ADJANI*, heard before Hannam J, the court was required to determine parenting orders concerning three children, Z, X, and Y, born in 2007, 2009, and 2010 respectively. The dispute concerned the future living arrangements and parental responsibility for these children.

The central legal issues before the court were: firstly, who should have sole parental responsibility for the children; secondly, with whom the children should live; and thirdly, whether the children should spend any time with the father. These determinations were to be made in accordance with the best interests of the children.

Hannam J ordered that the mother have sole parental responsibility for Z, X, and Y. The court further ordered that the children live with the mother and spend no time with the father. These orders were subject to formal entry into the Court’s records.

Orders

Orders of the court

That the mother have sole parental responsibility for Z, born …2007, X, born … 2009 and Y, born … 2010 (“the children”);

That the children live with the mother;

That the children spend no time with the father.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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