ELHAGE & ALFARSI

[2017] FamCA 650

FAMILY COURT OF AUSTRALIA

ELHAGE & ALFARSI [2017] FamCA 650

FAMILY LAW – CHILDREN – Where application for discharge of Watch List order restraining father from leaving Australia – Where order in place for father to procure return of children to Australia from Iraq – Where no evidence that father has taken any steps to comply with such order – Where some doubt as to the mother’s circumstances – Where not appropriate to discharge order – Application dismissed.

Family Law Act 1975 (Cth) s 68

Alfarsi & Elhage [2016] FamCa 428

APPLICANT: Mr Elhage

RESPONDENT: Ms Alfarsi

FILE NUMBER: PAC 6203 of 2014

DATE DELIVERED: 25 August 2017

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 11 August 2017

REPRESENTATION

APPLICANT – SELF-REPRESENTED LITIGANT: Mr Elhage

SOLICITOR FOR THE RESPONDENT: Ms Hazim of Thurlows Family Lawyers

Orders

1. That the father’s application filed 30 January 2017 be dismissed.

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 Elhage & Alfarsi 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 6203  of 2014

Mr Elhage

Applicant

And

Ms Alfarsi

Respondent

REASONS FOR JUDGMENT

1. This is yet another interim application in these long running parenting proceedings.

2. A history of the proceedings is set out in  Alfarsi & Elhage [2016] FamCa 428 as follows:

A History: The Federal Circuit Court Proceedings

5.Proceedings concerning the children were commenced by the mother in the Federal Circuit Court of Australia by application filed on 23 December 2014. In that application the mother sought final orders in relation to the children that in summary provided:

a)That the mother have sole parental responsibility for the children;

b)That the children live with the mother; and

c)That the mother and father be restrained from removing the children from the Commonwealth of Australia and the children be placed on the airport family law watch list.

6.In the same application the wife sought urgent interim orders that:

a)The father be restrained from leaving Australia;

b)That the father sign all necessary documents so as to allow Australian passports to be issued for the children;

c)That the father forthwith facilitate the children’s return to Australia and that he be responsible for any costs in relation to the children’s passports, costs of the children’s flights to Australia and the cost of the flight of any person required to accompany the children to Australia;

d)That the children live with the mother; and

e)That upon the return of the children the father and mother be…