Faizan & Jameel - [2021] FedCFamC2F 194

Federal Circuit and Family Court of Australia
(DIVISION 2)
Faizan & Jameel [2021] FedCFamC2F 194

File number(s): PAC 4926 of 2018

Judgment of: JUDGE OBRADOVIC

Date of judgment: 15 October 2021

Catchwords: FAMILY LAW – Parenting – best interest of child – significant parental conflict – mother to have sole parental responsibility for the child – father to spend time with the child on a graduating regime – name change – airport watchlist – restraint ordered.

Legislation: Family Law Act 1975 (Cth), ss 60CA, 60CC, 61DA, 65DAA, 117
Births, Deaths and Marriages Registration Act 1995 (NSW), s 28

Cases cited: Banks & Banks [2015] FamCAFC 36
Chapman & Palmer [1978] FamCA 86
Jepson & Fleming [2018] FCCA 400
Mazorski & Albright [2007] FamCA 520
Mayes & Denning [2017] FCCA 1754;
McCall & Clark [2009] FamCAFC 92
MRR v GR [2010] HCA 4
Sander & Hearn [2012] FMCAfam 812
Slater & Light [2011] FamCAFC 1

Division: Division 2 Family Law

Number of paragraphs: 60

Date of hearing: 19, 25 February 2021, and 21 April 2021

Place: Parramatta

Appearing for the Applicant: In Person

Solicitor for the Respondent: Shedden & Associates

Counsel for the Respondent: Ms Rebehy

Solicitor of the Independent Children’s Lawyer: John Spence & Associates

Counsel for the Independent Children’s Lawyer: Mr Greenaway
ORDERS

PAC 4926 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR FAIZAN

Applicant

AND:
MS JAMEEL

Respondent

order made by:

JUDGE OBRADOVIC

DATE OF ORDER:

15 October 2021

THE COURT ORDERS THAT:
(1)All previous parenting orders, except the final orders made by consent on 21 April 2021, are discharged.
(2)The child X Faizan (male) born in 2018 shall be henceforth known as X Jameel-Faizan.
(3)The mother Ms Jameel is authorised to apply to the Registrar of Births Deaths and Marriages that the child registered as X Faizan (male) born in 2018 be now registered as X Jameel-Faizan born in 2018.
(4)Pursuant to s.28 (5) of the Births, Deaths and Marriages Registration Act 1995 (NSW) the Registrar register the child’s name in the form specified in Order 2 herein.
(5)The Court directs that the mother forthwith serve a sealed copy of this order upon the Registrar of Births Deaths and Marriages.
(6)The mother shall have sole parental responsibility for the child X born in 2018 (“X”) provided however that she promptly informs the father, and keeps him informed in writing of all matters relating to:
(a)The full details of the daycare/pre-school or schools which X may from time to time attend, together with notice in writing of any proposed change; and
(b)The full details of any medical treatment together with the name of the treater.

(7)X shall spend time with the father as follows:
(a)Until X turns 4 years:
(i)In Week 1: ~~, each alternate weekend~~ from Saturday at 9am until Sunday 5pm; and
(ii)In Week 2: from after daycare/pre-school (but no later than 5pm) on Tuesday to the commencement of daycare/pre-school on Wednesday.

(b)Until X commences school:
(i)In week…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Faizan & Jameel

Details

AGLC: Faizan & Jameel [2021] FedCFamC2F 194
Case: [2021] FedCFamC2F 194
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Faizan and Jameel were the applicants and respondents in proceedings concerning the care of their son, X, born in 2018. The central issue was determining the best interests of the child, particularly concerning parental responsibility, the amount of time X should spend with his father, the changeover process, the child's name, and the father's involvement with the child's medical needs. The Court considered the evidence presented by both parties and the Family Report. The Court found that the mother's evidence was credible and accepted it over that of the father, who lacked the capacity for self-reflection. The Court determined that it was in X's best interest for the mother to have sole parental responsibility, as the father's behavior had been denigrating towards the mother and critical of her ability to meet X's needs. The Court also decided that X should spend time with his father according to a graduated regime, with specific arrangements for changeover, and that his surname should be hyphenated to include both parents' surnames. The father was restricted from taking X to medical practitioners without the mother's consent, except for emergencies. The Court ordered that each party pay half of the Independent Children's Lawyer's costs, with a six-month period for payment.

Orders