Hajjar and Mehraal (No 2)

This case concerned parenting proceedings before the Family Court of Australia between Mr Hajjar (the applicant father) and Ms Mehraal (the respondent mother) regarding their three children. The dispute involved international elements, with communications and prior proceedings occurring in both Australia and the United Kingdom. The mother had ceased participating in the proceedings for approximately 18 months, and the father sought final parenting orders.

The court was required to determine whether to make final parenting orders granting the father sole parental responsibility for the children and for the children to reside with him. A further issue was the appropriate communication and contact arrangements between the mother and the children, given the mother's prolonged absence from the proceedings and her lack of contact with the children since 2006. The court also considered the role of International Social Service (ISS) in facilitating potential future contact.

Justice Bennett applied the principle that parenting proceedings are not strictly final and can be reopened if circumstances change. The court noted the mother's complete lack of participation and accessibility, rendering her unable to engage with the court or ISS. Despite the mother's eldest daughter expressing a desire to communicate with her, and the other children being prepared to do so, the court found it was in the children's best interests to formalise their living arrangements with the father and grant him sole parental responsibility. The court acknowledged that the mother could apply to the court in the future if she wished to seek orders.

The court ordered that the father have sole parental responsibility for the children and that they reside with him. The children were to spend time and communicate with the mother as agreed between the parties. All other extant applications were dismissed, and the matter was removed from the court's docket. The children's passports were to be released to the father, and any watch list orders discharged. The court also ordered that a copy of the judgment, reasons, and a parent and issues assessment be sent to the Head of International Family Justice for England and Wales and, if possible, to Justice Baker of the High Court in London. The appointment of the independent children's lawyer was discharged.