FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Azimi & Faez [2025] FedCFamC2F 233
File number(s): PAC 2159 of 2023 Judgment of: JUDGE NEWBRUN Date of judgment: 25 February 2025 Catchwords: FAMILY LAW – PARENTING – Best interests of children – orders made. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CD Cases cited: Banks & Banks (2015) FLC 93-637
Jollie & Dysart [2014] FamCAFC 149
Tibb v Sheean (2018) 58 Fam LR 351
Division: Division 2 Family Law Number of paragraphs: 164 Date of hearing: 3 – 5 February 2025 Place: Parramatta Counsel for the Applicant: Mr Provera Solicitor for the Applicant: Western Sydney Solicitors Counsel for the Respondent: Mr Elachkar Solicitor for the Respondent: Sadek Lawyers Pty Ltd Counsel for the Independent Children's Lawyer: Mr Hill Solicitor for the Independent Children's Lawyer: Gonzalez & Co ORDERS
PAC 2159 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR AZIMI
Applicant
AND: MS FAEZ
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
25 FEBRUARY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1.The Orders of 23 November 2020 be discharged.
2.The mother have sole decision making for long-term issues relating to W born in 2011, X born in 2012, Y born in 2014 and Z born in 2015 (“the children”).
Time with
3.Subject to Orders 4 to 8 below, the children spend time with the father as follows:
(a)Each Sunday from 1.00 pm to 5.00 pm;
(b)On special occasions:
(i)In years ending with an even number, on the first day of Eid from 1.00pm to 5.00 pm;
(ii)In years ending with an odd number, on the second day of Eid from 1.00pm to 5.00 pm;
(iii)On each of the children's birthdays, if a school day from the conclusion of school (or otherwise 3.30 pm) to 5.30 pm if the children are not spending time with the father and if a non-school day, for a period of three hours as agreed between the parties in writing or otherwise from 10.00 am to 1.00 pm;
(iv)On the father's birthday if a school day from the conclusion of school (or otherwise 3.30 pm) to 7.00 pm if the children are not in the father's care and if a non-school day for a period of three hours as agreed between the parties in writing or otherwise from 10.00 am to 1.00 pm;
(v)On Father’s Day from 1.00 pm to 5.00 pm;
(vi)On other occasions as agreed in writing between the parties.
Supervised time
4.The father's time with the children pursuant to these Orders be under the supervision of S Contact Centre or an alternative professional supervision service and be conditional upon:
(a)the father first completing a Men’s Behaviour Change Program;
(b)the father complying with Orders 6 and 7 below.
5.The children W and X spend supervised time with the father only in accordance with their wishes.
6.For the purpose of giving effect to Order 4, the mother, within seven (7) days…
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- Azimi & Faez [2025] FedCFamC2F 233
- Case
- [2025] FedCFamC2F 233
- Decision Date
CaseChat Overview and Summary
The court had to decide on several legal issues, including whether the existing orders should be discharged and replaced with new ones, the allocation of decision-making authority for long-term issues concerning the children, the specific visitation schedule for the father, and whether the father's time with the children should be supervised. Furthermore, the court needed to determine if there should be restrictions on the father's ability to physically discipline the children, speak to them about the proceedings, and make derogatory remarks about the other parent in their presence.
Judge Newbrun concluded that the best interests of the children would be served by discharging the previous orders and establishing new ones. The mother was granted sole decision-making authority for long-term issues. The father was allowed specific visitation times, subject to the condition that he complete a Men’s Behaviour Change Program and comply with certain supervision and communication restrictions. The court also ruled that the mother could obtain Australian passports for the children without the father's consent and that the children's names should be removed from the Family Law Airport Watchlist. Both parents were prohibited from physically disciplining the children, discussing the proceedings with them, or making negative remarks about the other parent in their presence. The court further mandated that the mother authorize the children's school to provide the father with copies of their school reports and that both parents keep each other informed of their contact details.
The court's final orders included discharging the previous parenting orders, granting the mother sole decision-making authority for long-term issues, setting specific visitation times for the father subject to certain conditions, and imposing various restrictions and requirements on both parents to protect the children's well-being. The mother was also permitted to travel internationally with the children for up to four weeks per year, during which the father's visitation would be suspended.
Orders
Orders of the court
PAC 2159 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR AZIMI
Applicant
AND:
MS FAEZ
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
25 FEBRUARY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1. The Orders of 23 November 2020 be discharged.
2. The mother have sole decision making for long-term issues relating to W born in 2011, X born in 2012, Y born in 2014 and Z born in 2015 (“the children”).
Time with
3. Subject to Orders 4 to 8 below, the children spend time with the father as follows:
(a) Each Sunday from 1.00 pm to 5.00 pm;
(b) On special occasions:
(i) In years ending with an even number, on the first day of Eid from 1.00pm to 5.00 pm;
(ii) In years ending with an odd number, on the second day of Eid from 1.00pm to 5.00 pm;
(iii) On each of the children's birthdays, if a school day from the conclusion of school (or otherwise 3.30 pm) to 5.30 pm if the children are not spending time with the father and if a non-school day, for a period of three hours as agreed between the parties in writing or otherwise from 10.00 am to 1.00 pm;
(iv) On the father's birthday if a school day from the conclusion of school (or otherwise 3.30 pm) to 7.00 pm if the children are not in the father's care and if a non-school day for a period of three hours as agreed between the parties in writing or otherwise from 10.00 am to 1.00 pm;
(v) On Father’s Day from 1.00 pm to 5.00 pm;
(vi) On other occasions as agreed in writing between the parties.
Supervised time
4. The father's time with the children pursuant to these Orders be under the supervision of S Contact Centre or an alternative professional supervision service and be conditional upon:
(a) the father first completing a Men’s Behaviour Change Program;
(b) the father complying with Orders 6 and 7 below.
5. The children W and X spend supervised time with the father only in accordance with their wishes.
6. For the purpose of giving effect to Order 4, the mother, within seven (7) days of being notified by the father that he has completed a Men’s Behaviour Change Program, notify the father of a nominated professional supervision service.
7. Within twenty-eight (28) days of being notified of the nominated professional supervision service the father do all acts and things necessary to complete an intake assessment with that service.
8. The father shall meet the costs of the nominated professional supervision service.
Travel
9. Pursuant to section 11 of the Australian Passports Act 2005 (Cth), the mother may obtain and renew Australian travel documents for the children without reference to the father.
10. The children’s names be removed from the Family Law Airport Watchlist.
11. The mother be permitted to travel internationally with the children for up to four weeks per calendar year and the father’s time with the children be suspended during such periods of international travel.
Other
12. The father’s time with the children be suspended to allow the mother to spend time with the children on Mothers’ Day from 1.00 pm to 7.00 pm.
13. Both parents are restrained from physically disciplining the children.
14. Both parents are restrained from speaking to the children about any aspect of these proceedings or discussing with the children any conflict between the parents.
15. Each parent shall refrain from making critical or derogatory remarks in relation to the other parent in the presence or hearing of the children and each party will use their best endeavours to ensure that no third party makes critical comments about the other party in the presence or hearing of the children.
16. The mother authorises the children’s school to provide the father, at his expense if any, with a copy of all school reports for the children.
17. The parties keep the other parent advised of their contact telephone numbers and advise the other party of any changes to their contact telephone number within seven days of such change occurring.
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
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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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