Federal Circuit and Family Court of Australia
(DIVISION 1)
Adzic & Adzic [2022] FedCFamC1F 416
File number(s): BRC10366 of 2021 Judgment of: HOWARD J Date of judgment: 8 April 2022 Catchwords: FAMILY LAW – CHILDREN – Where the mother commenced family law proceedings in Australia in August 2021 – where the father commenced proceedings in [Country B] in October 2021 – where the father seeks a stay of the Australian proceedings to continue proceedings in [Country B] – where the father has been arrested and charged with the attempted murder of the mother. Legislation: Criminal Code Act 1899 (Qld) ss 47(9), 419, 306(1)(a)
Domestic and Family Violence Protection Act 2012 (Qld) s 177(2)(a)
Family Law Act 1975 (Cth) ss 60CC, 69ZL.
Cases cited: Pascarl & Oxley [2013] FamCAFC 47
Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538. ZP v PS (1994) 181 CLR 639
Division: Division 1 First Instance Number of paragraphs: 26 Date of last submission/s: 8 April 2022 Date of hearing: 8 April 2022 Place: Brisbane Solicitor for the Applicant: Ogge Law Solicitor for the Respondent: DA Family Lawyers Solicitor for the Independent Children’s Lawyer: Feeney Family Law ORDERS
BRC 10366 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ADZIC
Applicant
AND: MR ADZIC
Respondent
INDEPENDENT CHILDREN’S LAWYER
order made by:
HOWARD J
DATE OF ORDER:
8 April 2022
THE COURT ORDERS UNTIL FURTHER ORDER:
1.That the children X born in 2007 and Y born in 2009 (“the children”) shall live with the mother.
2.That the mother shall have sole parental responsibility in respect of all major long-term issues (as that expression is defined in the Family Law Act 1975 as amended) in respect of the children.
3.That the children spend no time and have no communication with the father.
4.That the Directions Hearing before a Judicial Registrar on 26 April 2022 be vacated.
5.That the Application in a Proceeding filed by the father on 17 January 2022 (seeking a stay of these proceedings) be adjourned for Interim Hearing commencing at 10:00am on 25 May 2022 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.
6.That personal attendance in Court by the parties and their legal representatives is required on 25 May 2022.
7.That by no later than 4:00pm on 23 May 2022, the parties and Independent Children’s Lawyer shall file and serve any Outline of Case document upon which they seek to rely on 25 May 2022.
IT IS NOTED:
A.Pursuant to section 65DA(2) of the Family Law Act 1975 the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders are set out in “Parenting Orders – obligations, consequences and who can help” and these particulars are included in these Orders.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to…
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- Adzic & Adzic [2022] FedCFamC1F 416
- Case
- [2022] FedCFamC1F 416
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CaseChat Overview and Summary
The legal issues the court had to address were primarily whether the Australian court should stay the proceedings in light of the concurrent proceedings in [Country B], and if so, under what conditions. The court also needed to determine the interim care arrangements for the children and parental responsibilities pending the resolution of the matter. The court had to balance the considerations of the best interests of the children, the father's criminal charges, and the jurisdictional implications of the concurrent proceedings.
The court found that the Australian proceedings should not be stayed, but the application for a stay was adjourned for an interim hearing. The court recognised the gravity of the father's charges and the necessity to protect the children from any potential harm. The court granted sole parental responsibility to the mother and ordered that the children have no contact with the father. The court emphasised the importance of ensuring the safety and wellbeing of the children, while also acknowledging the need for a fair resolution of the family law issues. The interim care arrangements were set to remain in place until further orders.
The final orders made by the court included that the children would continue to live with the mother, who would also have sole parental responsibility for all major long-term issues concerning the children. The court also ordered that the children should not have any contact with the father and that the directions hearing before a judicial registrar be vacated. The father's application for a stay of the Australian proceedings was adjourned for an interim hearing on 25 May 2022. The court required personal attendance from both parties and their legal representatives and mandated the filing and serving of any Outline of Case documents by 23 May 2022.
Orders
Orders of the court
BRC 10366 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS ADZIC
Applicant
AND:
MR ADZIC
Respondent
INDEPENDENT CHILDREN’S LAWYER
order made by:
HOWARD J
DATE OF ORDER:
8 April 2022
THE COURT ORDERS UNTIL FURTHER ORDER:
1. That the children X born in 2007 and Y born in 2009 (“the children”) shall live with the mother.
2. That the mother shall have sole parental responsibility in respect of all major long-term issues (as that expression is defined in the Family Law Act 1975 as amended) in respect of the children.
3. That the children spend no time and have no communication with the father.
4. That the Directions Hearing before a Judicial Registrar on 26 April 2022 be vacated.
5. That the Application in a Proceeding filed by the father on 17 January 2022 (seeking a stay of these proceedings) be adjourned for Interim Hearing commencing at 10:00am on 25 May 2022 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.
6. That personal attendance in Court by the parties and their legal representatives is required on 25 May 2022.
7. That by no later than 4:00pm on 23 May 2022, the parties and Independent Children’s Lawyer shall file and serve any Outline of Case document upon which they seek to rely on 25 May 2022.
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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