Dagher and Hamade

Case

[2017] FamCA 38

1 February 2017


Details
AGLC Case Decision Date
Dagher and Hamade [2017] FamCA 38 [2017] FamCA 38 1 February 2017

CaseChat Overview and Summary

In the matter of *Dagher and Hamade*, Benjamin J of the Family Court of Australia made orders concerning the parenting of two children, A and B. The dispute involved the parents, Ms Hamade (the mother) and Mr Dagher (the father), regarding the children's living arrangements, parental responsibility, and communication with the father.

The court was required to determine the primary caregiver for the children, the allocation of parental responsibility, the specific time the children would spend with the father, and measures to facilitate communication and ensure the children's welfare, particularly in light of the father's impending return to Iraq. The court also addressed the issuance and safekeeping of the children's passports and the placement of their names on the Airport Watch List.

Benjamin J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility and the children were to live with her. While the father was to have unsupervised time with the children when he was in Australia, the mother was required to consult with the father in writing regarding significant decisions affecting the children, considering his views and any timely response. The orders also stipulated regular audio-visual communication between the children and the father when he was in Iraq, and detailed arrangements for the application and lodgement of the children's passports with the Court Registry. The Australian Federal Police were requested to place the children on the Airport Watch List until they reached the age of eighteen, or until further court order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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