Ahmad & Hadi

[2020] FamCA 1041

FAMILY COURT OF AUSTRALIA

AHMAD & HADI [2020] FamCA 1041

FAMILY LAW – JURISDICTION – Whether the Family Court of Australia has jurisdiction to make parenting orders – Where there are ongoing parenting proceedings overseas – Consideration of ss 69E and 111CD of the Family Law Act 1975 (Cth) – Whether the child is habitually resident in Australia – Where habitual residence is to be determined at the date of the relevant hearing – Where the evidence suggests the child is not habitually resident in Australia – Where there is no basis upon which this Court may exercise jurisdiction for a Commonwealth personal protection measure in relation to the child – Application dismissed.

Family Law Act 1975 (Cth) ss 69E, 111CC, 111CD

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996
Convention on the Civil Aspects of International Child Abduction 1980
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970

Alfarsi & Elhage [2016] FamCA 428
Bunyon v Lewis (No. 3) [2013] FamCA 888
Duckworth & Jamison (2014) 51 Fam LR 471
LK v Director-General, Department of Community Services (2009) 237 CLR 582
Secretary, Department of Family and Community Services & Padwa (2016) FLC 93-701
Sun & Long [2019] FamCA 3
Zaro & Zan [2019] FamCA 4

APPLICANT: Mr Ahmad

RESPONDENT: Ms Hadi

FILE NUMBER: SYC 7560 of 2018

DATE DELIVERED: 7 December 2020

PLACE DELIVERED: Cairns

PLACE HEARD: Cairns (via video link)

JUDGMENT OF: Tree J

HEARING DATE: 3 July, 11 August and 30 November 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Moutasallem

SOLICITORS FOR THE APPLICANT: Malik Lawyers

COUNSEL FOR THE RESPONDENT: Mr Katsinas

SOLICITORS FOR THE RESPONDENT: Kalpaxis Legal Pty Ltd

Orders

1. The father’s Initiating Application filed 21 November 2019 is dismissed. 

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 Ahmad & Hadi 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 CAIRNS

FILE NUMBER: SYC 7560 of 2018

Mr Ahmad

Applicant

And

Ms Hadi

Respondent

REASONS FOR JUDGMENT

Introduction  

1. By Initiating Application filed 21 November 2019, Mr Ahmad (“the father”) sought final and interim parenting orders in relation to the parties’ only child, X, born … 2017, and hence presently three years of age (“the child”). Ultimately, by her Further Amended Response to Initiating Application, Ms Hadi (“the mother”) sought orders, in substance, dismissing the father’s Initiating Application for want of jurisdiction on the part of the Family Court of Australia.

2. On 18…