Bashir & Ghani (No 2)

[2021] FCCA 253

FEDERAL CIRCUIT COURT OF AUSTRALIA

Bashir & Ghani (No 2) [2021] FCCA 253

File number(s):

PAC 4940 of 2016

Judgment of:

JUDGE OBRADOVIC

Date of judgment:

17 February 2021

Catchwords:

FAMILY LAW – parenting – where final orders were made on an undefended basis against the mother – where mother seeks to commence fresh parenting proceedings – consideration as to whether there were changed circumstances to justify a new hearing – principles in Rice & Asplund [1978] FamCA 84 discussed – best interests of children – application dismissed.

Legislation:

Family Law Act 1975 (Cth), Pt VII

Cases cited:

Judd & Pryor (No.2) [2020] FamCA 934
King & Finneran [2001] FamCA 344
Rice & Asplund [1978] FamCA 84
Poisat & Poisat [2014] FamCAFC
SPS & PLS [2008] FamCAFC 16

Marsden & Winch [2009] FamCAFC 152

Number of paragraphs:

43

Date of last submission/s:

5 February 2021

Date of hearing:

5 February 2021

Place:

Parramatta

Appearing for the Applicant

Ms Lam

Solicitors for the Applicant

Fay Rose Legal

Counsel for the Respondent 

Mr Leidermann

Solicitors for the Respondent

Falzon Legal Pty Ltd

ORDERS

PAC 4940 of 2016

BETWEEN:

MR BASHIR

Applicant

AND:

MR GHANI

Respondent

ORDER MADE BY:	JUDGE OBRADOVIC
DATE OF ORDER:	17 FEBRUARY 2021

THE COURT ORDERS THAT:

The Initiating Application filed on 25 June 2020 is dismissed. Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Bashir & Ghani (No 2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE OBRADOVIC

1. On 22 November 2017, the Court made final parenting orders concerning the two children of the parties, X born in 2012, and Y born in 2015. The final orders were made on an undefended basis as the children’s mother disengaged from the proceedings.

2. On 25 June 2020, the mother commenced parenting proceedings. She moves the Court for orders that the children live with the father but spend time with her, initially on a supervised basis and then 4 nights per fortnight, during school holidays and on special occasions. The mother also asks the Court to make orders placing the children’s names on the Airport Watch List.

3. On 7 December 2020, the father filed a response, moving the Court to dismiss the mother’s application and for costs.

   FINAL HEARING AND ORDERS MADE IN NOVEMBER 2017

4. In its short ex-tempore judgement delivered on 22 November 2017, the Court found as follows:

   (a)That the children have been living with the father since late 2015/early 2016;

   (b)That the mother has had very little involvement with the children since they commenced living with the father;

   (c)That the mother…