Hakimi & Nasser

[2021] FamCAFC 40

FAMILY COURT OF AUSTRALIA

Hakimi & Nasser [2021] FamCAFC 40

Appeal from:

Nasser & Hakimi [2021] FamCA 5

Appeal number(s):

EAA 11 of 2021

File number(s):

SYC 5345 of 2018

Judgment of:

ALDRIDGE  J

Date of judgment:

31 March 2021

Catchwords:

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – EXPEDITION – Appeal from final parenting orders – Where the applicant mother acted promptly in filing an application for expedition – Where there are serious issues of international relocation and whether the father should spend any time with the children – Where the nature of proceedings justify the appeal being expedited – Application granted.

Legislation:

Family Law Act 1975 (Cth) s 94(2D)

Family Law Rules 2004 (Cth) Sch 3, r 12.10A

Division:

Appeal Division

Number of paragraphs:

18

Date of hearing:

16 March 2021

Place:

Sydney

Counsel for the Applicant:

Mr Williams

Solicitor for the Applicant:

Ryan & Seton Lawyers

The First Respondent:

Litigant in person

The Second Respondent:

The first respondent appeared on behalf of the second respondent

Solicitor for the Independent Children's Lawyer:

Legal Aid NSW

ORDERS

EAA 11 of 2021
SYC 5345 of 2018

APPEAL DIVISION OF THE FAMILY COURT OF AUSTRALIA

BETWEEN:

MS HAKIMI

Applicant

AND:

MR NASSER

First Respondent

MS NASSER

Second Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	ALDRIDGE  J
DATE OF ORDER:	16 MARCH 2021

ORDERS MADE ON 16 MARCH 2021:

1.The first respondent is granted leave to file and rely on the affidavit dated 15 March 2021.

2.Appeal No. EAA 11 of 2021 be expedited.

3.Appeal No. EAA 11 of 2021 be listed for hearing in the Full Court sitting in Sydney commencing 24 May 2021.

4.Paragraph 1 of the first respondent’s Response to an Application in an Appeal, dated 16 March 2021, is to be heard with Appeal No. EAA 11 of 2021.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hakimi & Nasser has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

ALDRIDGE J:

INTRODUCTION

1. On 16 March 2021, I made orders expediting the appeal in this matter. These are the reasons why I made that order.

2. The parties have three children who are presently aged, 5, 9 and 11. Their mother, who is applying for expedition, sought to have the children live with her in Country B. Further, whether the children were to live with her in Country B or in Australia, she sought orders that would provide for the children to have little or no contact with the father or the paternal grandmother.

3. On 19 January 2021, a…