Ghasemi and Zoka

[2012] FamCA 999

FAMILY COURT OF AUSTRALIA

GHASEMI & ZOKA [2012] FamCA 999

FAMILY LAW – PRACTICE AND PROCEDURE - Jurisdiction - Where there is a challenge to jurisdiction - Where an application under the Hague Convention on the Civil Aspects of International Child Abduction may be brought by the Commonwealth Central Authority in relation to the same set of facts - Where a report as to the subject child's wishes would need to be ordered in any event

APPLICANT: Ms Ghasemi

RESPONDENT: Mr Zoka

FILE NUMBER: BRC 9494 of 2012

DATE DELIVERED: 30 November 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 30 November 2012

REPRESENTATION

REPRESENTATIVE FOR THE APPLICANT: Dr Amini, attorney in the State of Maryland, United States of America

COUNSEL FOR THE RESPONDENT: Mr Sara

SOLICITOR FOR THE RESPONDENT: Women's Legal Service

Orders

1. Pursuant to s 62G of the Family Law Act 1975 (Cth), a report be prepared for the Court by a Family Consultant appointed by the Senior Family Consultant, Child Dispute Services, Brisbane Registry, and that such report be available, if possible, by 29 January 2013.

1. For the purpose of completing the Family Report, the appointed Family Consultant have permission to inspect the Court file and all documents related to this matter.

1. The appointed Family Consultant have leave to read any document produced on subpoena once permission to inspect such documents has been granted to a party or the Independent Children's Lawyer.

1. The parties shall do all such things, sign all such documents, pay all such reasonable fees and attend all such appointments and ensure the child attend all such appointments as are reasonably necessary for the preparation of the report ordered pursuant to paragraph 1 of these orders.

1. In circumstances where an application under the Hague Convention on the Civil Aspects of International Child Abduction may be made by the Commonwealth Central Authority, the Court requests that the Family Consultant appointed to prepare the report also separately consider the following issues in the report (which is nonetheless ordered pursuant to s 62G of the Family Law Act 1975 (Cth) and not pursuant to reg 26 of the Family Law (Child Abduction Convention) Regulations 1986 (Cth)):

(a)       Whether the child objects to being returned to the country of the United States of America; and

(b)       Whether the child’s objection shows a strength of feeling beyond the mere expression of a preference or of ordinary wishes’ and

(c)       Whether the child has attained an age and a degree of maturity at which it is appropriate to take into account her views.

1. All applications be adjourned to 9.00 am Australian Eastern Standard Time on 30 January 2013 before the Honourable Justice Kent.

NOTATION

It is noted that the parties have agreed that the child shall communicate with the Respondent as follows:

(a)       Each Monday at 10.00 am Australian Eastern Standard Time by Skype, with the Respondent to initiate the call; and

(b)       Each Wednesday at 10.00 am Australian Eastern Standard Time by telephone, with the Applicant to initiate the call.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ghasemi & Zoka 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 BRISBANE

FILE NUMBER: BRC 9494 of 2012

Ms Ghasemi

Applicant

And

Ms Zoca

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I refer to and adopt the transcript of these proceedings as my reasons for judgment and I confirm that beyond the explanation contained in the exchanges between the bench and the bar table, neither party requested that I deliver separate formal reasons for judgment.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 30 November 2012.

Associate: .

Date:  30 November 2012