BASRA & AHMED

[2015] FamCA 571

FAMILY COURT OF AUSTRALIA

BASRA & AHMED [2015] FamCA 571

FAMILY LAW – CHILDREN

APPLICANT: Ms Basra

RESPONDENT: Mr Ahmed

INDEPENDENT CHILDREN’S LAWYER: Ms Hernandez

FILE NUMBER: SYC 5355 of 2013

DATE DELIVERED: 13 July 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 13 July 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Todd

SOLICITOR FOR THE APPLICANT: Jordan Djundja Lawyers

COUNSEL FOR THE RESPONDENT: Ms Dart

SOLICITOR FOR THE RESPONDENT: Kheir Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Lloyd

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Claremont Legal

Orders

Part of orders made 13 July 2015

1. The mother have parental responsibility in respect of B (born … 1998); C (born … 2001) and D (born … 2008) (“the children”) and the children live with the mother.

2. The father’s application for parenting orders is dismissed.

3. All applications in relation to parenting matters, both final and interim, that were before me today are now finalised.

4. The order 3 made 22 April 2015 for the appointment of an Independent Children's Lawyer is discharged.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Basra & Ahmed has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5355 of 2013

Ms Basra

Applicant

And

Mr Ahmed

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I note that the father through his counsel today indicates that he wishes to withdraw applications 1 to 9 in his Response filed 14 February 2014 in which he sought parenting orders. The mother consents to him doing so and accordingly I give him leave to withdraw that application and his application for final parenting orders is dismissed.

2. The mother still seeks parenting orders, contained in her initiating application filed 24 September 2013, for an order for sole parental responsibility in her favour in respect of the three children B (born in 1998); C (born in 2001) and D (born in 2008) (“the children”) and an order that the children live with her.

3. The parties married in Country E in 1997. The eldest child was born in the following year after the parties had returned to live in Australia. The second and third children were born in Australia.

4. The mother alleges that she was assaulted by the father when the second child was about 2 years old and she moved to a refuge for three months in November 2003 and then lived in an exit house for approximately one year after that.

5. In early 2004 the father commenced proceedings for parenting orders. And I am informed interim orders were made.

6. It seems some time in 2004 the parties reconciled and the third child of the marriage was born in 2008.

7. It is unclear to me as to what was the date of final separation. The mother and the children went to Country E in June 2009. The father asserts that a religious court issued a divorce of the parties at that time and there is an outstanding issue relating to the validity of that divorce which I shall determine at a future date. The father stayed in Australia and travelled to Country E from time to time. The mother and the children were living with the paternal grandfather in Country E.

8. In April 2012 the mother says the father assaulted her and broke her nose. That is denied by the father but there is some corroboration that that happened in the child responsive program memorandum as a result of something the middle child said to the family consultant.

9. The mother and children came back from Country E to Australia in August 2012. The father has not seen the children since September 2012.

10. In August 2013 a final AVO was issued from Campsie Local Court naming the mother as the protected person and the father as the defendant.

11. On 22 April 2015, Senior Registrar Filipello, by consent, ordered the parties complete an intake procedure at Suburb F Contact Service. I am told the father fulfilled his obligations under that order but has since decided not to proceed with his final application for parenting orders.

12. The child responsive program memorandum records things that each of the children have said to the family consultant in May 2014. Some of the things they said give rise to serious concerns in relation to the history of family violence between the mother and the father. I also note the expressed views, of particularly the two elder children about having contact with their father.

13. The mother in her parenting questionnaire sets out what she proposes in terms of her future care for the children.

14. I am satisfied on the material that I have been given, in circumstances where this application is not opposed by the father, that the orders that the mother seeks are in their best interests and I will make orders in accordance with paragraphs 1 and 2 of the mother’s Initiating Application filed 24 September 2013.

15. The parenting matter is accordingly finalised.

16. I note the Independent Children's Lawyer makes no application for costs.

I certify that the preceding sixteen (16) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 13 July 2015

Associate:

Date:  22.7.2015