FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Britz & Zakaria [2025] FedCFamC2F 151
File number(s): PAC 7040 of 2022 Judgment of: JUDGE NEWBRUN Date of judgment: 14 February 2025 Catchwords: FAMILY LAW – PARENTING – Best interests of child – Relocation – Orders made Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61D Cases cited: Banks & Banks (2015) FLC 93-637
Grainger & Grainger (No 3) [2024] FedCFamC1F 470
Jollie & Dysart [2014] FamCAFC 149
Jones & Dunkel (1959) 101 CLR 298
Tibb v Sheean (2018) 58 Fam LR 351
Division: Division 2 Family Law Number of paragraphs: 185 Date of hearing: 28 – 30 January 2025 Place: Parramatta Counsel for the Applicant: Mr Karp Solicitor for the Applicant: Karam Langhorne Pty Ltd Counsel for the Respondent: Mr Alexander Solicitor for the Respondent: AS Family Lawyers Counsel for the Independent Children's Lawyer: Mr Tuckey Solicitor for the Independent Children's Lawyer: Lonsdale & Associate Lawyers ORDERS
PAC 7040 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BRITZ
Applicant
AND: MS ZAKARIA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
12 FEBRUARY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1.The children live with the Father in Sydney.
2.The Father exercise sole parental responsibility for the long-term welfare decisions of the children including health and education.
(a)In exercising parental responsibility, the father is to advise the Mother in writing of any decision he proposes to make within 14 days.
(b)The Mother is to provide her views in writing within a further 14 days and the father is to give consideration to those views before making any final decision.
3.The Children spend time with the Mother as agreed and if not agreed as follows:
(a)During term holidays 1, 2, 3, from 4.00pm on the last day of term to 5.00pm on the Sunday prior to the first day of the new term.
(b)In term 4, Christmas Holidays, the first half of the holidays with the Mother in even years and the second half with the Father and;
(c)In term 4, Christmas Holidays, the second half of the holidays with the Mother in odd numbered years and the first half with the Father.
Changeovers
4.As agreed between the parties and if not agreed as follows:
(a)The Mother to pick up the children from Sydney at the commencement of the children’s time and drop off in Sydney at the conclusion of her time.
(b)The parties are entitled to nominate a third party to assist and facilitate the handover if required by the parents.
(c)The mother is entitled to use any lawful mode of transport to drop off/ pick up the children including flights, train, and motor vehicle.
(d)The venue for the drop off/ pick up in Sydney is to be agreed by the parties in writing one week prior to any proposed travel.
Communication
5.The parties do all acts and all things to subscribe to and download the IMO communications…
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- Britz & Zakaria [2025] FedCFamC2F 151
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- [2025] FedCFamC2F 151
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CaseChat Overview and Summary
The court found that the children's best interests were served by living primarily with the father in Sydney, given his ability to provide a stable and supportive environment. The father was granted sole parental responsibility for long-term welfare decisions, including health and education, subject to the mother's right to provide input and consideration of her views. The visitation schedule was designed to ensure that the children maintain a meaningful relationship with both parents, with specific arrangements for holiday periods and changeovers. The court emphasised the importance of communication between the parents and the children, mandating the use of a communication app and a communication book to ensure smooth transitions and effective information sharing. The court also imposed restraints on the parents to prevent them from engaging in derogatory behaviour towards each other and to limit discussions about the proceedings. The final orders reflect a balanced approach that aims to promote the children's wellbeing while accommodating the needs and rights of both parents.
Orders
Orders of the court
PAC 7040 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BRITZ
Applicant
AND:
MS ZAKARIA
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
12 FEBRUARY 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1. The children live with the Father in Sydney.
2. The Father exercise sole parental responsibility for the long-term welfare decisions of the children including health and education.
(a) In exercising parental responsibility, the father is to advise the Mother in writing of any decision he proposes to make within 14 days.
(b) The Mother is to provide her views in writing within a further 14 days and the father is to give consideration to those views before making any final decision.
3. The Children spend time with the Mother as agreed and if not agreed as follows:
(a) During term holidays 1, 2, 3, from 4.00pm on the last day of term to 5.00pm on the Sunday prior to the first day of the new term.
(b) In term 4, Christmas Holidays, the first half of the holidays with the Mother in even years and the second half with the Father and;
(c) In term 4, Christmas Holidays, the second half of the holidays with the Mother in odd numbered years and the first half with the Father.
Changeovers
4. As agreed between the parties and if not agreed as follows:
(a) The Mother to pick up the children from Sydney at the commencement of the children’s time and drop off in Sydney at the conclusion of her time.
(b) The parties are entitled to nominate a third party to assist and facilitate the handover if required by the parents.
(c) The mother is entitled to use any lawful mode of transport to drop off/ pick up the children including flights, train, and motor vehicle.
(d) The venue for the drop off/ pick up in Sydney is to be agreed by the parties in writing one week prior to any proposed travel.
Communication
5. The parties do all acts and all things to subscribe to and download the IMO communications App or alternative Family App as agreed between the parties (“the App”) and;
6. All communication between the parents in relation to the children is to occur through the App.
7. The Children shall together have 30 minutes phone time with the non-live with parent as it happens to fall on Sunday, Tuesday and Thursday between 6pm and 7pm.
8. The children are at liberty to call the absent parent at any reasonable time and the parent with care of the children is to ensure the children have access to a working phone or other device.
9. The parent who does not have care is at liberty to call the children on their birthdays, and special events such as Christmas and religious holidays.
10. The Father provides an undertaking to download any important events pertaining to the children including but not exclusive to, any medical appointments, school events, extra- curricular events, special occasion events within 24 hours of the appointment being made into the App Calendar.
11. The parties utilise a communication book to travel with the children for the purpose of updating the parent with care on topics including but not exclusive to:
(a) the children’s medication and instructions
(b) dietary changes/requirements
(c) sleep patterns
(d) commentary in relation to the health and wellbeing of the children.
12. The Mother is permitted to liaise directly with the child’s treating specialists/health care providers, and;
(a) The child’s treating specialists/health care providers are to provide to the Mother all communication and reports that are routinely provided to parents.
13. The Mother is entitled to liaise directly with the children’s school and obtain all reports and any other information whatsoever in relation to the children’s education and:
(a) The Mother is entitled to attend any events such as, but not exclusive to, parent/ teacher interviews, sports events, and carnivals that parents are invited to.
(b) The mother is to be listed on any enrolment forms that request information in relation to the identity of the children’s parents.
14. The parties are to notify each other of any change of address, contact details (including phone number and email address) within 24 hours.
Restraints
15. The Parties are restrained from:
(a) Denigrating the other parent, in front of the children, or through any other form of social media, and as far as they are able, stop any other person from denigrating the other parent in the presence of the children.
(b) Talking about these proceedings or providing a third person with material in relation to these proceedings unless specifically allowed by way of these orders.
(c) “Without admissions’, chastising the children physically in any form including ‘lawful chastisement’
16. In the event either parent wishes to change the orders before engaging in any further litigation they will engage in mediation with a Family Dispute Resolution Practitioner licensed to practice in NSW and/or Victoria and:
(a) The parties shall do all acts and all things to engage in the process at the request of the other parent.
(b) The parents share the costs of any mediation equally between them.
AND THE COURT NOTES THAT:
A. The first day of the holidays in term 4 commences after school or 4.00pm on the last day of term and the last day of the holiday is on the Sunday prior to the start of the new term at 5.00pm.
B. The mid-point of the holiday is the third Sunday after the commencement of the holidays at 5.00pm.
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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