Baboor and Reema - [2019] FamCA 698

FAMILY COURT OF AUSTRALIA

BABOOR & REEMA

[2019] FamCA 698

FAMILY LAW – CHILDREN – Interim parenting – Where the mother seeks orders to allow the child to travel overseas – Where the child currently spends no time with the father pursuant to interim orders – Where the degree of risk of the child not being returned to Australia is assessed – Where best interests of the child considered – Orders made permitting the proposed travel.

Family Law Act 1975 (Cth) ss 64B, 65Y, 65Z

DeLuca & Farnham [2019] FamCAFC 100
Line & Line [1997] FLC 92-729

APPLICANT:

Ms Baboor

RESPONDENT:

Mr Reema

INDEPENDENT CHILDREN’S LAWYER:

Legal Aid NSW

FILE NUMBER:

PAC

1995

2018

DATE DELIVERED:

30 September 2019

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Hannam J

HEARING DATE:

16 September 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Barnett

SOLICITOR FOR THE APPLICANT:

Walter and Elliott Family Lawyers

COUNSEL FOR THE RESPONDENT:

Mr S Schonell

SOLICITOR FOR THE RESPONDENT:

O’Sullivan Legal

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms Hafey

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Legal Aid NSW

Orders

Pending Further Order

That the Mother be permitted to travel to Country B with the child, X born … 2015, for a period of five weeks, departing Australia no earlier than 27 November 2019 and returning to Australia no later than 5 January 2020.
That the Court requests that the Australian Federal Police remove the name of the child X born … 2015 from the Family Law Watchlist at all points of international arrivals and departures in Australia for the purposes of the Mother travelling to Country B pursuant to Order 1.
That this Order acts as an authority for the Mother to do all acts and things and sign all documents necessary to enable X to apply for and obtain a Tourist Visa for Country B.
The Mother will deposit a bond in the sum of $15,000.00 AUD by bank cheque payable to the Registrar at the Family Court, Parramatta before close of business on 13 November 2019.
Upon the Mother’s return to the Commonwealth of Australia in accordance with these Orders with the child, both parties shall do all things necessary, including signing all documents to have the funds referred to in Order 4 returned to the Mother within five business days of her return.

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 Baboor & Reema 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: PAC 1995…

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 Baboor and Reema

Details

AGLC: Baboor and Reema [2019] FamCA 698
Case: [2019] FamCA 698
Decision Date: 30 September 2019

CaseChat Overview and Summary

In the matter of *Baboor and Reema*, heard before Hannam J, the dispute concerned an application by the Mother for permission to travel internationally with the child, X. The Mother sought to travel to Country B for a period of five weeks, with specific departure and return dates stipulated. The application also involved a request for the child's name to be removed from the Family Law Watchlist to facilitate this travel.

The primary legal issue before the Court was whether to grant the Mother's application for international travel with the child, and consequently, what conditions should be imposed to safeguard the child's welfare and ensure the child's return to Australia. This involved considering the best interests of the child in the context of international travel and the potential risks associated with such travel.

Hannam J ordered that the Mother be permitted to travel to Country B with the child for a period of five weeks, between 27 November 2019 and 5 January 2020. To facilitate this, the Court requested the Australian Federal Police remove the child's name from the Family Law Watchlist. The Order also served as an authority for the Mother to obtain a tourist visa for Country B for the child. Crucially, the Mother was required to deposit a bond of $15,000.00 AUD by bank cheque before 13 November 2019. Upon the Mother's return to Australia with the child, both parties were to cooperate in ensuring the return of the bond to the Mother within five business days.

Orders

Orders of the court

Pending Further Order

That the Mother be permitted to travel to Country B with the child, X born … 2015, for a period of five weeks, departing Australia no earlier than 27 November 2019 and returning to Australia no later than 5 January 2020.

That the Court requests that the Australian Federal Police remove the name of the child X born … 2015 from the Family Law Watchlist at all points of international arrivals and departures in Australia for the purposes of the Mother travelling to Country B pursuant to Order 1.

That this Order acts as an authority for the Mother to do all acts and things and sign all documents necessary to enable X to apply for and obtain a Tourist Visa for Country B.

The Mother will deposit a bond in the sum of $15,000.00 AUD by bank cheque payable to the Registrar at the Family Court, Parramatta before close of business on 13 November 2019.

Upon the Mother’s return to the Commonwealth of Australia in accordance with these Orders with the child, both parties shall do all things necessary, including signing all documents to have the funds referred to in Order 4 returned to the Mother within five business days of her return.

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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