FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Akbay & Nazli [2025] FedCFamC2F 440
File number(s): MLC 4436 of 2022 Judgment of: JUDGE A. HUMPHREYS Date of judgment: 4 April 2025 Catchwords: FAMILY LAW – PARENTING – children now aged 11 and 9 have spent limited time with father – relationship is developing – father seeks joint decision-making responsibility and for children to spend time with him on alternate weekends and mid-week during school terms and for half of school holidays – father submits mother undermines his relationship and time with the children – finding father subjected mother and children to family violence – father assessed to have an authoritarian and mocking parenting approach – children fear father – father lacks insight into impact of his behaviour and lacks capacity to emotionally support the children – order for mother to have sole decision-making responsibility and for children to spend four hours with the father on alternate weekends, with professionally supported changeovers for one year – order permitting mother to travel overseas with children. Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 43, 60B, 60CA, 60CC, 60CG, 61B, 61C, 61CA, 61D, 61DAA, 64B, 65D, 65Y, 68B
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 5.01
Cases cited: Amador & Amador (2009) 43 Fam LR 268; [2009] FamCAFC 196
Bielen & Kozma (2022) FLC 94–123; [2022] FedCFamC1A 221
Hedlund & Hedlund (2021) FLC 94-065; [2021] FedCFamC1A 84
Keating & Keating (2019) FLC 93–894; [2019] FamCAFC 46
Kuebler v Kuebler (1978) FLC 90-434; [1978] FamCA 26
Lainhart & Ellinson (2023) FLC 94–166; [2023] FedCFamC1A 200
Line & Line (1997) FLC 92-729; [1996] FamCA 145
Division: Division 2 Family Law Number of paragraphs: 237 Date of last submission/s: 28 November 2024 Date of hearing: 18-20 November 2024 Place: Melbourne Counsel for the applicant Ms Vogel Solicitor for the applicant Cohen Lawyers Counsel for the respondent Mr Allen Solicitor for the respondent Bramham Lawyers ORDERS
MLC 4436 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR AKBAY
Applicant
AND: MS NAZLI
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
4 APRIL 2025
THE COURT ORDERS THAT:
1.All previous parenting orders be discharged.
Decision-making
2.The respondent (“mother”) have sole decision-making responsibility for decisions about major long-term issues relating to the children, X born in 2013 and Y born in 2015 (“the children”).
3.When making decisions about major long-term issues relating to the children, the mother:
(a)First write to the applicant (“father”) to invite his views regarding any decision she proposes to make in relation to those issues, save for when an urgent decision is required and this is not practicable;
(b)Consider any views expressed by the father in writing within seven days in response to her invitation; and
(c)Advise the father of her decision in writing, as soon as practicable.
Children’s living arrangements and time…
Continue reading Akbay & Nazli
Sign in free to access the full text
- AGLC
- Akbay & Nazli [2025] FedCFamC2F 440
- Case
- [2025] FedCFamC2F 440
- Decision Date
CaseChat Overview and Summary
The court found that the children had spent limited time with their father and that their relationship was developing. The court also found that Mr Akbay had subjected Ms Nazli and the children to family violence in the past, and that he had an authoritarian and mocking parenting approach that caused the children to fear him. The court further found that Mr Akbay lacked insight into the impact of his behaviour and lacked the capacity to emotionally support the children. Based on these findings, the court ordered that Ms Nazli have sole decision-making responsibility for major long-term issues relating to the children, and that the children spend time with their father for four hours on alternate weekends, with professionally supported changeovers for one year. The court also ordered that Ms Nazli be at liberty to travel overseas with the children, provided she gave the father certain notice and contact information.
The court's decision was based on its assessment of the evidence and the best interests of the children. The court found that sole decision-making responsibility for the mother was in the children's best interests, given the father's history of family violence and his lack of insight and capacity to emotionally support the children. The court also found that the children's time with the father should be limited and supervised, to ensure their safety and wellbeing. The court's orders reflect its consideration of the children's needs and the capacity of each parent to meet those needs.
Orders
Orders of the court
MLC 4436 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR AKBAY
Applicant
AND:
MS NAZLI
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
4 APRIL 2025
THE COURT ORDERS THAT:
1. All previous parenting orders be discharged.
Decision-making
2. The respondent (“mother”) have sole decision-making responsibility for decisions about major long-term issues relating to the children, X born in 2013 and Y born in 2015 (“the children”).
3. When making decisions about major long-term issues relating to the children, the mother:
(a) First write to the applicant (“father”) to invite his views regarding any decision she proposes to make in relation to those issues, save for when an urgent decision is required and this is not practicable;
(b) Consider any views expressed by the father in writing within seven days in response to her invitation; and
(c) Advise the father of her decision in writing, as soon as practicable.
Children’s living arrangements and time with the father
4. The children live with the mother.
5. The children spend time with the father as follows:
(a) Each alternate Saturday from 10.00 am until 2.00 pm; and
(b) At such other times or days as agreed between the parties in writing.
Special Occasions
6. Unless otherwise agreed in writing, if the children are not otherwise spending time with the father on the following special occasions, they spend time and communicate with him as follows:
(a) On each of the children’s birthdays and the father’s birthday,
(i) From 10:00 am until 2:00 pm if a non-school day; and
(ii) From 4:30 pm until 7:30 pm if a school day;
(b) On Father’s Day, from 10:00 am to 2:00 pm; and
(c) For Christmas:
(i) In 2025 and each alternate year thereafter, on 24 December, from 10:00 am until 2:00 pm; and
(ii) In 2026 and each alternate year thereafter, on 25 December, from 10:00 am until 2:00 pm.
Changeovers
7. Unless otherwise agreed between the parties in writing, they each do all things required to facilitate the children moving between their care pursuant to these orders (“changeover”) as follows:
(a) In the foyer of McDonalds at Suburb C; and
(b) Until the commencement of term 2 in 2026, changeover at the commencement of the children’s time with the father be facilitated and supported by B Family Services or another agreed professional supervisor, at the father’s expense.
8. To facilitate the supported changeovers provided by order 7(b), the parties forthwith do all things necessary to enrol with B Family Services or another agreed professional supervisor.
9. Unless otherwise agreed in writing, each of the father and the mother are restrained, including by their servants and agents, from having other family members in attendance at changeover and from recording changeover.
Children’s communication with the parties
10. In the event the children do not spend time with the father on any given occasion pursuant to these orders, including if the father or the children are overseas, the mother facilitate the children communicating with the father by phone or video at times to be agreed and failing agreement, at the time the children would ordinarily commence spending time with the father, for a period of up to 30 minutes.
11. Each of the parties facilitate the children communicating with the other parent by phone or video upon the reasonable request of the children at times the children are in their care.
Parties’ communication, access to and sharing of information and attendance at school and events
12. The parties communicate with each other in relation to the children using the AppClose application unless otherwise agreed in writing.
13. Communication or agreement that is to be in writing pursuant to these orders may be via AppClose.
14. Each of the parties be at liberty to obtain reports and information from the children’s school and to attend separate parent-teacher interviews, school activities and functions and the children’s extracurricular activities.
15. For the purpose of order 14, the parties each keep the other informed of extracurricular activities the children attend.
16. Each of the parties be authorised to obtain medical records, and details of the children’s medical practitioners that are either treating or consulting the children, and are required to advise the other party in relation to any medication prescribed for or administered to the children within 24 hours.
17. Each of the parties advise the other party of any medical emergency, illness or injury in relation to the children within 24 hours.
18. Each of the parties advise the other party of any change of residential address or mobile telephone number without 24 hours.
Travel and children’s passports
19. The mother be at liberty to travel interstate and internationally with the children for the purpose of a holiday provided she gives the father:
(a) At least 30 days written notice of her intention to travel with the children including an itinerary with proposed dates of travel and destination(s); and
(b) Contact numbers for the children for the duration of the holiday.
20. Each of the parties as soon as practicable do all things necessary to apply for and thereafter renew the children’s Australian passports from time to time.
21. The mother pay the cost associated with the issuing and renewal of the children’s passports.
Injunctions
22. Each of the parties are restrained by injunction from:
(a) Denigrating the other parent and/or the other parent's family while the children are in their presence or hearing, and/or allowing the children to remain in the presence or hearing of any third party who is denigrating the other parent or the other parent's family;
(b) Committing family violence towards the other parent and the children and permitting anyone else to do so;
(c) Discussing the family law proceedings with the children and/or in the presence or hearing of the children, and/or showing the children any documents relating to the family law proceedings, save that the mother may inform the children of these orders directly or with the assistance of the children’s psychologist; and
(d) Discussing parenting arrangements with the other parent in the presence or hearing of the children.
Other
23. Each of the parties are authorised to provide to their own psychologist or counsellor, copies of the reports prepared by Ms D and Ms E for this proceeding, together with a copy of these orders and the reasons accompanying them.
24. The parties are authorised to provide a copy of these orders to the professional supervisor(s) engaged pursuant to order 7(b) and to any school, medical professional and provider of any extracurricular activity attended by the children.
Procedural
25. All extant applications be dismissed.
Obligations, consequences of contravention and assistance with orders
26. Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties to adjust to and comply with an order are set out in the Fact Sheet attached 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 remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.