Hillel & Elias - [2023] FedCFamC1F 418

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Hillel & Elias [2023] FedCFamC1F 418

File number(s): SYC 1905 of 2022

Judgment of: ALTOBELLI J

Date of judgment: 18 May 2023

Catchwords:
FAMILY LAW – PARENTING – Where the father filed a Notice of Discontinuance – Where the parenting proceedings were heard undefended – Where consent orders were signed by the mother and Independent Children’s Lawyer – Where there is a history of serious family violence – Where the father poses a risk of harm to the children – The mother is to have sole parental responsibility for the children – The children are to live with the mother and spend no time nor communicate with the father – The mother is permitted to relocate to Country B with the children.

FAMILY LAW – PROPERTY – Where the mother and father signed consent orders – Proceeds of sale of property distributed to parties.

Legislation: Family Law Act 1975 (Cth) ss 4AB, 60CC, 65Y

Division: Division 1 First Instance

Number of paragraphs: 11

Date of hearing: 18 May 2023

Place: Sydney

Solicitor for the Applicant: Viji Thadsan

Solicitor for the Respondent: Kammoun Sukari Lawyers

Solicitor for the Independent Children's Lawyer: Legal Aid NSW
ORDERS

SYC 1905 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS HILLEL

Applicant

AND:
MR ELIAS

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

ALTOBELLI J

DATE OF ORDER:

18 MAY 2023

THE COURT ORDERS THAT:
1.Pursuant to Part 10.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“the Rules”), orders are made by consent in relation to the alteration of property interests in accordance with the document marked “A” dated this day and attached hereto.
2.Pursuant to Part 10.2 of the Rules orders are made by consent in relation to parenting in accordance with the document marked “B” dated this day and attached hereto.
3.Pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure B and these particulars are included in these orders.
4.All outstanding applications otherwise are dismissed and the matter removed from the list of cases awaiting finalisation.

THE COURT NOTES THAT:
A.The Respondent’s solicitor was excused from appearing at today’s proceedings.
B.The property orders were made by consent as between the Applicant and Respondent.
C.The parenting orders were made by consent as between the Applicant and the Independent Children’s Lawyer, but made on an undefended basis as concerns the Respondent.

“A”
IN THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
SYDNEY REGISTRY
SYC 1905/2022
Ms Hillel
Applicant Mother
Mr Elias
Respondent Father
MINUTE OF CONSENT ORDER AS TO PROPERTY
In relation to Property:
1.That the proceeds of sale for the property located C Street, Suburb D NSW, currently held in the trust account of E Lawyers, in the amount of $50,323.57 be disbursed and paid as follows:
a.The husband receive $20,000.
b.the remaining amount be paid to the wife.

2.Unless otherwise specified by these orders,
a.The parties be solely entitled to the exclusion of the other to all other property in the name of, or possession of, such party as at the date of the signing of this agreement, including but not limited to any real property and personal property.
b.Insurance policies and superannuation funds remain the sole property of the owner named in the policy;
c.Bank accounts be retained by the account holder.
d.Any vehicle in the name of the party is to remain in the name of that party.
e.Any joint accounts be closed and the balance divided equally between the parties.
f.Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to this agreement.

3.That the parties shall promptly do all such acts and things and give all consents and execute all document sin writing necessary to effect to these Orders.
4.This in the event that either party refuses or neglects to execute any Deed or instrument necessary to give effect to all or any Orders made herein, the Registrar of the Court be appointed, pursuant to Section 106A execute such Deed or instrument in the name of the said party and to do all acts and things necessary to give validity and operation of the said Deed or instrument.
5.The Registrar is authorised to execute any such necessary instrument upon being satisfied by affidavit that neglect or default, as the case may be, as occurred.

Signed by the Applicant Signed by the Respondent

Dated Dated

Signed by the Applicant’s lawyer Signed by the Respondent’s lawyer

Dated Dated
“B”
FAMILY LAW ACT 1975
IN THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
AT SYDNEY
File No. SYC1905/2022
BETWEEN
MS HILLEL
(Applicant)
AND
MR ELIAS
(Respondent)
AND
INDEPENDENT CHILDREN'S LAWYER
CONSENT ORDERS
BY CONSENT IT IS ORDERED
1.That all previous parenting orders shall be discharged.
2.That the mother shall have sole parental responsibility for the children X born 2006, Y born 2009 and Z born 2017.
3.That the children shall live with the mother.
4.That the children shall spend no time with the father nor communicate with him.
5.That the father shall be permitted to send the children a letter, card or gift on 2 occasions each calendar year, on the condition that:
a)The letters and/or cards be sent to an address nominated by the mother, which may be an address other than her residential address, and
b)The letters and/or cards be opened by the mother and only provided to (the child) if the mother considers it appropriate to do so.

6.That the children X born 2006, Y born 2009 and Z born 2017 shall be removed from the Family Law Watch List.
7.That pursuant to section 65Y of the Family Law Act 1975 (Cth) the children be permitted to travel with the mother out of the Commonwealth of Australia without the father’s consent.
8.Pursuant to section 11(1)(b) of the Australian Passports Act 2005 (Cth) the mother, Ms Hillel, is permitted to apply for and obtain the issue and renewal of passports for the children X born 2006, Y born 2009 and Z born 2017, under the provisions of the Australian Passports Act 2005 (Cth) without the knowledge or consent of the Father, Mr Elias.
9.That the mother do all acts and things to facilitate X and Y’s engagement with a counsellor or psychologist (“the therapist”) nominated by the Independent Children’s Lawyer, and for this purpose, shall:
9.1.Within 14 days, the mother shall make an appointment for each of X and Y to attend upon their GP and request that the doctor complete a Mental Health Care Plan for each child;
9.2.Make an appointment with the therapist nominated by the Independent Children’s Lawyer; and
9.3.Ensure that each of X and Y attend upon the therapist at times and dates as directed by the therapist.

10.The Independent Children’s Lawyer have leave to provide the children’s therapist with a copy of the Family Report prepared by Dr F and dated 24 March 2023; and thereafter the Independent Children’s Lawyer shall be discharged.
11.That all outstanding applications are dismissed.

___________________________
Signed by the Applicant
Dated _____/_____/20___
____________________________
Signed by the Independent Children’s
Lawyer
Dated _____/_____/20___
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Hillel & Elias has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
(Revised from Transcript)
ALTOBELLI J:

I have made orders, this morning, in relation to three children: Z, who is five; Y, who is 14; and X, who is 16 (“the children”). The orders were made by consent as between the mother and the Independent Children’s Lawyer and on an undefended basis so far as the father is concerned. The father filed a Notice of Discontinuance on 1 May 2023 in which he discontinued the Response that he filed on 4 September 2022. I have made consent orders in relation to property matters. The document before me, which I have marked “A”, was signed by both the father and the mother and their respective lawyers. The father’s lawyer communicated with my chambers this morning indicating that she would not be appearing today.
By way of background, in the Independent Children’s Lawyer’s case outline document filed on 17 May 2023, there is a very useful chronology which is as follows:

Date Event Source

1978 Respondent Father, Mr Elias, born in Country G, presently aged 44 years.

1978 Applicant Mother, Ms Hillel, born in Country G, presently aged 44 years.

Unknown Mother asserts Father self-harmed. M [65]

Unknown Mother asserts that she married the Father as she was afraid that the Father might self-harm. M2 [65]

2005 Mother and Father married in Country G.
Mother says on the day of her wedding she sought assistance from the father with her wedding dress. Mother says Father responds, “hurry up and just get out of the car” then Father returns to the car and pulls her hand which causes her to hit her head against car door. M [52]

During marriage Mother alleges she experienced family violence throughout the relationship. Mother asserts Father is also abusive towards X and Y and punishes them physically and orders the girls to stand outside in the sun for long hours as punishment.
Mother asserts whenever she wanted to leave Father he threatened to kill himself or the children. M [51] ,
[53]
M [65]

2006 First child of the parties, X, presently aged 16 years.

2009 Second child of parties, Y, born, presently aged 13 years.

2011 Father alleges he tells Mother he no longer wishes to live with her family and late r that day the Mother’s brothers physically assault him. Father asserts he left the family home at this time. F [39]

2013 Father asserts Mother finds employment with a company in City H and informs Father that she intends to take their two children with her. Father asserts she received a call from X saying they were in Sydney. Father considers the marriage as over and moves in with his brother. F [11] – [12]

Mid-2013 Mother, X and Y arrive in Australia. Mother applies for refugee status within a few months. M [9], [14]

Unknown Mother alleges that upon being granted the Protection Visa the Father's behaviour became worse towards the Mother and children. The eldest child would say to the effect of “Why is Papa always hitting me?” “Why do I get so many punishments even though I am very kind, caring and have always get really good grades at school?” M2 [58]

2014 Father alleges Mother has an argument with her younger brother and ceases all communications with him. F [38]

2015 Father asserts Mother asked that to reconcile because she and the children are financially struggling. F [14]

2015 Mother obtain Permanent Residency in Australia and sponsors the children and Father. M [14]

Early 2016 Father arrives in Australia.
Father asserts the children and Mother are living in a very poor conditions. M [23]
F [15]

Late 2016 Father begins working in service industry. Mother asserts that Father refuses to contribute towards the household expenses. M [24]

From 2017 Father asserts he pays for all the family expenses. F [18]

Mid-2017 Father alleges Mother becomes annoyed by their neighbours and “abuses” them to the point Father had to move family to another residence. F [41]

Mid-2017 Father asserts Mother hit Y for losing her earing. F [42]

2017 Third child of parties, Z, born presently aged 5 years.
Mother asserts she had to go back to work due to financial constraints and Father’s unwillingness to provide for the family. M [50]

Early 2019 Father alleges Mother has a fight with the maternal grandfather and ceases all communication with him. M [50]

Mid-2019 Parties purchase a two-bedroom unit in Suburb D. M [27]

Mid-2020 Mother asserts that she and the Father argued about a bill when Father threatens her with a kitchen knife. M [43]

Late 2020 Father alleges parties engage in an argument regarding Father's contribution towards the household costs. Father sends a text message to Mother the following day saying the expenses should be paid by both parties equally and sends a copy of this message to a family friend, Ms J. F [45]

Late 2020 Father alleges Mother wakes him up in the middle of the night and criticizes his income. Father asserts Mother tells him to quit his job and Father suggest he will do so if Mother can maintain an income for 6 months. Father alleges Mother hit him with an object. F [46]

Late 2020 Father alleges he had a small argument with X because she was misbehaving and being disrespectful. Father attends upon Suburb K Police Station after being contact by a police officer and is arrested and cautioned.
Father is charged with an offence against X. F [47] – [50]

Late 2020 First Apprehended Domestic Violence Order (ADVO) is issued against Father. M Annex K

Late 2020 Father pleads guilty to the charge against X to safeguard her against proceedings. F [51]

Late 2020 Father’s vocational license is cancelled. F [53]

Late 2020 Father is arrested at the family home and taken to Suburb K Police station. Father is charged with multiple violent offences against X, Y, Mother and Z.
Father pleads guilty to all the above charges.
F [55]

F [57]

Late 2020 Second ADVO is issued against Father. M Annex L

25 November 2020 Parties separate. F [4]

Early 2021 Father is granted annulment in relation to offence against X. F [60]

Mid-2021 Y is hospitalised for an infection. F [80]

Mid-2021 Father is charged with further violent offences against X, Y and Mother. F Annex B

Unknown Mother asserts that she was unaware of the sexual abuse perpetrated by the Father on the two elder children.
M2 [67]

Unknown Father asserts that he registered for L Contact Centre per interim orders made on 5 May 2022 but the mother has failed to do so. F2 [10]

23 Mar 2022 Mother files Initiating Application seeking parenting orders.
Final Orders Sought
Mother have sole parental responsibility for the children;
Children live with Mother ;
Z spends supervised time with Father at L Contact Centre;
The Court appoints an ICL;
Mother be permitted to re locate to Country B with the children;
Parties communicate via email only;
Children be placed on Family Law Watch List and Father be restrained from taking children overseas.
Interim Orders Sought
Same as above

24 Mar 2022 Mother files Amended Notice of Child Abuse, Family Violence or Risk alleging:
Constant physical and verbal abuse;
Discriminated as the children are both girls;
Daughters were punished by father by being exposed to direct sunlight for hours; and
Constant hatred towards X as she resembles the mother.
Mother alleges risk that children will be abducted; if Father takes children to Country G, he will have more rights compared to Mother as Country G is not a signatory to the Hague convention.

25 Mar 2022 Mother files Amended Initiating Application seeking parenting orders.
Same as Initiating Application filed 23 March 2022.

Early 2022 Father is found not guilty in relation to offence against X. F [61]

5 May 2022 First Return List before a judicial registrar. Orders
made:
Child Impact report be prepared;
ICL to be appointed;
Matter listed for procedural hearing on 29 September 2022;
Orders made by consent:
Father spends time with Z at L Contact Centre and relevant costs be paid by him;
ICL be appointed;
CIR be prepared;
Restraint on denigration.

5 May 2022 Father asserts he is unable to attend supervised visits with Z as per Orders due to financial constraints. F [88]

4 Sep 2022 Father files Response seeking parenting orders.
Final Orders Sought
Parties have equal shared parental responsibility for the children;
Children live with the Mother;
Z spends time with Father on a fortnightly regime from Wednesday to Friday (week 1) and from Friday to Sunday (week 2);
X and Y spend time with Father every second weekend from Friday to Sunday;
Parties inform each other in relation to children's medical appointment;
Parties to be able to communicate with children via telephone or other electronic means at reasonable times;
Parties inform each other of medical emergencies;
Parties inform each other of change of residence;
Restrains to denigrate.
Interim Orders Sought
Father spends time with children for two hours per fortnight supervised by a supervision service;
Supervision costs be shared by parties.

4 Sep 2022 Father files Notice of Child Abuse, Family Violence or Abuse alleging:
Mother has said she is financially suffering and will kill herself and children because of it;
Mother has said when she is financially suffering she will lose her mind ; and
Mother has mental health issues, cannot control her angry and gets angry very quickly.

16 Sep 2022 Child Impact Report released:
CIR to be provided to parties dated 15 September 2022 be given to ICL, parties and their legal representatives.
Court Child Expert made a mandatory report in relation to the disclosures made by X and Y at the Child Impact Report interviews.

29 Sep 2022 Directions Hearing before JR. Orders made:
Filing directions made;
Matter listed for interim hearing on 29 November 2022 at 10 am;
Matter listed for Conciliation conference on 23 January 2023 at 9am;
Family Report be prepared;
Matter listed for Compliance and Readiness Hearing on 23 June 2023.

31 Oct 2022 Chambers Hearing before JR. Orders made:
Local Court at Suburb M to provide a copy of the following proceedings to FCFCOA:
Proceedings H…;
Proceedings H…; and
Proceedings ….

24 Nov 2022 Chambers Hearing before JR. Orders made:
Photocopy leave for material produced by Suburb M Local Court;
Interim hearing listed on 29 November 2022 vacated;
Parties to file Outline of Case for interim hearing;
Interim hearing listed for 2 February 2023.

21 Dec 2022 Chambers Hearing before JR. Orders made:
Conciliation Conference listed for 23 January 2023 is vacated;
Parties to attend FDRP on 23 January 2023;
Legal representatives to contact Relationships Australia.

13 Jan 2023 Chambers Hearing before JR. Orders made:
Material produced under subpoena, Suburb M local Court and Suburb N Local Court file to be released to parties in electronic form.

31 Jan 2023 Chambers Hearing before JR. Orders made:
Subpoena material to be released to parties in electronic form.

2 Feb 2023 Interim Defended Hearing before SJR. Orders
made:
Orders 2 and 3 of the Orders made by consent on 5 May 2022 be suspended;
Proceedings to be transferred to FCFCOA Division 1;
Refereed to Magellan Registrar for consideration of inclusion of matter to Magellan List;
Listing on 23 June 2023 is vacated.

3 Feb 2023 Chambers Hearing before JR. Orders made:
Matter is to transferred to FCFCOA Division 1;
Matter is placed in Magellan Registrar 's Docket;
NSW DCJ to prepare Magellan Report;
Leave granted to NSW DCJ to inspect documents ;
Leave granted to ICL to issue subpoenas.

10 February 2023 Mother files Amended Notice of Child Abuse, Family Violence or Risk alleging:
Constant physical and verbal abuse;
Discriminated as the children are both girls;
Daughters were punished by father by being exposed to direct sunlight for hours;
Constant hatred towards X as she resembles the mother; and
Sexual abuse to both daughters.
Mother alleges risk that children will be abducted; if Father takes children to Country G, he will have more rights compared to Mother as Country G is not a signatory to the Hague convention.

17 Mar 2023 Chambers Hearing before JR. Orders made:
Release of Magellan Report to parties ;
Matter' listed for Readiness Hearing on 26 April 2023.

30 Mar 2023 Chambers Hearing before JR. Orders made:
Release of Family Report to parties.

3 Apr 2023 Chambers Hearing before Justice Altobelli. Orders made:
Matter listed for trial management hearing on 1 May 2023;
Matter listed for final hearing commencing 30 October 2023.

1 May 2023 Trial Management Hearing before Justice Altobelli. Orders
made:
Matter is listed for mention in relation to prope1iy matters and possible undefended hearing in relation to parenting matters on 18 May 2023;
Father directed to file a Notice of Discontinuance in relation to parenting matter;
Final hearing listed on 30 October 2023.

1 May 2023 Father files Notice of Discontinuance

15 May 2023 Mother files Further Amended Initiating Application seeking parenting and financial orders.
Final Orders Sought
Mother have sole parental responsibility for the children;
Children live with Mother;
The Court appoints an ICL;
Mother be permitted to relocate to Country B with the children;
Father not be permitted to spend any time with the children;
Children be removed from the Airport Watchlist;
Orders 1 to 3 of Consent Orders entered on 5 May 2022 be set aside.

The benefit of this chronology is that it is prepared by the Independent Children’s Lawyer who has presented the matters referred to in the chronology in a neutral fashion. It certainly presents a very useful overview to the Court of the history of this matter. The evidence before the Court consisted of a Child Impact Report that is dated 15 September 2022; the Family Report of Dr F dated 24 March 2023; a Magellan Report dated 16 March 2023; and the mother’s affidavit filed 15 May 2023.
The orders that I have made discharge all previous parenting orders. The orders provide for the mother to have sole parental responsibility for the children and for the children to live with the mother. The orders provide that the children spend no time with the father nor communicate with him, however, he is permitted to send to the children a letter, card or gift on two occasions each year, subject to a number of conditions. The names of the children are removed from the Family Law Watchlist, and, indeed, an order is made pursuant to section 65Y of the Family Law Act 1975 (Cth) (“the Act”) that the children be permitted to travel with the mother out of the Commonwealth of Australia without the father’s consent.
Orders are made in relation to passports and for the older children to engage with a counsellor or psychologist, and leave is granted to the Independent Children’s Lawyer to provide the children’s therapist with a copy of the Family Report dated 24 March 2023. The making of these orders is considered to be in the best interests of the children by both the mother and the Independent Children’s Lawyer. That is also the view of the Court. The matter has had a long and unfortunate history. It is clear from the material before the Court that the father has been violent not just towards the children but to the mother as well. The fact is that the children have not had a relationship with the father since the date of separation in November 2020, and there has been no communication since then.
The order for sole parental responsibility is warranted in the circumstances of this case where the father has discontinued the parenting proceedings and where the evidence of family violence rebuts the application of the presumption. This is consistent with the evidence of the family report writer. The Court is required to take into account the relevant considerations set out in section 60CC of the Act. It is clear that these children have a meaningful relationship with the mother but not with the father. They have not spent time with him or communicated with him since November 2020. The evidence from the Family Report indicates that X does not identify the father as being part of her family.
Given the evidence before the Court about family violence, to which I will address some comments shortly, the Independent Children’s Lawyer’s submission that there is no benefit to the older children in having a relationship with the father is accepted. In terms of especially Z, the youngest child, the Court must consider whether there is a benefit to him, in a prospective sense, of having a meaningful relationship with the father. The Court finds that this is not the case. The Family Report at paragraph 95 describes Z as “highly vulnerable”. The violence that has been perpetrated in this case is quite serious. As will be seen, the father’s response to that is equally problematic. In the circumstances, there is no prospective benefit to Z of having a meaningful relationship with the father.
In any event, the Act prescribes that the most important consideration in the circumstances is to protect the children from physical, psychological and emotional harm. The evidence before the Court, particularly the mother’s affidavit, refers to an extensive history of family violence as is defined in s 4AB of the Act. Both the older children spoke to the family consultant about the physical and verbal abuse that they experienced at a young age. Some of the physical abuse is quite serious including, for example, the father attempting to choke the children, and throwing one of them into a door. There are concerns that the father also presents an unacceptable risk of sexual abuse to the children.
The older children made disclosures to the relevant authorities such that the family report writer observed that, in particular, Y’s account of sexual abuse by the father was highly suggestive that it was her lived experience. The Department of Communities and Justice’s investigations into the disclosures suggest that the assault allegations made by the older girls are substantiated. The mother told the family report writer, and deposes in her own affidavit, about the physical abuse perpetrated by the father, including lethal attacks such as threatening her with a knife. The Child Impact Report, likewise, reflects the mother’s fear of the father and her experiences with him. Curiously, the father himself deposes in his affidavit to having been charged with multiple offences against X; Y; the mother and Z.
Whilst the father denies these allegations and contested the charges, he himself admits that he was convicted of multiple counts and acquitted of multiple counts. The risk to the children, and, indeed, to the mother, of violence is accentuated by the fact that when the father was given the opportunity, in the family report interviews and in his own evidence, to demonstrate a level of insight, he failed to do so. He appeared to be in denial and sought to deflect blame for his behaviours onto the mother. In this case, the risk of harm to the children, and, indeed, to the mother, is so great that the orders for sole parental responsibility, that the children live with the mother and that there be no contact or communication with the father other than as set out in the order, is entirely appropriate. Whilst this case is largely decided by reference to the seriousness of the risks facing the children, the Court acknowledges that the orders it has made reflects the views of the older children, X and Y. As for Z, no view was reported during the family consultant interviews, but, in any event, his age would contraindicate the views having any significant weight.
In the circumstances, the Court believes that it is in the best interests of the children to make the orders it has made. The Court notes that it is a part of the mother’s case that she be allowed to relocate with the children to Country B where she believes that she will have access to greater family support and remove herself from some of the pressures of being part of the Country G community in the community in which she lives. In the circumstances, the impact of such a dramatic change for the children would not be significant given that they are not spending time with or communicating with the father. The Court also believes that, should the mother wish to relocate, that it would be in the best interests of the children.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the ex-tempore Reasons for Judgment of the Honourable Justice Altobelli.
Associate:
Dated: 18 May 2023

File number(s):	SYC 1905 of 2022
Judgment of:	ALTOBELLI J
Date of judgment:	18 May 2023
Catchwords:	FAMILY LAW – PARENTING – Where the father filed a Notice of Discontinuance – Where the parenting proceedings were heard undefended – Where consent orders were signed by the mother and Independent Children’s Lawyer – Where there is a history of serious family violence – Where the father poses a risk of harm to the children – The mother is to have sole parental responsibility for the children – The children are to live with the mother and spend no time nor communicate with the father – The mother is permitted to relocate to Country B with the children. FAMILY LAW – PROPERTY – Where the mother and father signed consent orders – Proceeds of sale of property distributed to parties.
Legislation:	Family Law Act 1975 (Cth) ss 4AB, 60CC, 65Y
Division:	Division 1 First Instance
Number of paragraphs:	11
Date of hearing:	18 May 2023
Place:	Sydney
Solicitor for the Applicant:	Viji Thadsan
Solicitor for the Respondent:	Kammoun Sukari Lawyers
Solicitor for the Independent Children's Lawyer:	Legal Aid NSW

SYC 1905 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS HILLEL Applicant
AND:	MR ELIAS Respondent
INDEPENDENT CHILDREN'S LAWYER

order made by:	ALTOBELLI J
DATE OF ORDER:	18 MAY 2023

Signed by the Applicant	Signed by the Respondent
Dated	Dated

Signed by the Applicant’s lawyer	Signed by the Respondent’s lawyer
Dated	Dated

Date	Event	Source
1978	Respondent Father, Mr Elias, born in Country G, presently aged 44 years.
1978	Applicant Mother, Ms Hillel, born in Country G, presently aged 44 years.
Unknown	Mother asserts Father self-harmed.	M [65]
Unknown	Mother asserts that she married the Father as she was afraid that the Father might self-harm.	M2 [65]
2005	Mother and Father married in Country G. Mother says on the day of her wedding she sought assistance from the father with her wedding dress. Mother says Father responds, “hurry up and just get out of the car” then Father returns to the car and pulls her hand which causes her to hit her head against car door.	M [52]
During marriage	Mother alleges she experienced family violence throughout the relationship. Mother asserts Father is also abusive towards X and Y and punishes them physically and orders the girls to stand outside in the sun for long hours as punishment. Mother asserts whenever she wanted to leave Father he threatened to kill himself or the children.	M [51] , [53] M [65]
2006	First child of the parties, X, presently aged 16 years.
2009	Second child of parties, Y, born, presently aged 13 years.
2011	Father alleges he tells Mother he no longer wishes to live with her family and late r that day the Mother’s brothers physically assault him. Father asserts he left the family home at this time.	F [39]
2013	Father asserts Mother finds employment with a company in City H and informs Father that she intends to take their two children with her. Father asserts she received a call from X saying they were in Sydney. Father considers the marriage as over and moves in with his brother.	F [11] – [12]
Mid-2013	Mother, X and Y arrive in Australia. Mother applies for refugee status within a few months.	M [9], [14]
Unknown	Mother alleges that upon being granted the Protection Visa the Father's behaviour became worse towards the Mother and children. The eldest child would say to the effect of “Why is Papa always hitting me?” “Why do I get so many punishments even though I am very kind, caring and have always get really good grades at school?”	M2 [58]
2014	Father alleges Mother has an argument with her younger brother and ceases all communications with him.	F [38]
2015	Father asserts Mother asked that to reconcile because she and the children are financially struggling.	F [14]
2015	Mother obtain Permanent Residency in Australia and sponsors the children and Father.	M [14]
Early 2016	Father arrives in Australia. Father asserts the children and Mother are living in a very poor conditions.	M [23] F [15]
Late 2016	Father begins working in service industry. Mother asserts that Father refuses to contribute towards the household expenses.	M [24]
From 2017	Father asserts he pays for all the family expenses.	F [18]
Mid-2017	Father alleges Mother becomes annoyed by their neighbours and “abuses” them to the point Father had to move family to another residence.	F [41]
Mid-2017	Father asserts Mother hit Y for losing her earing.	F [42]
2017	Third child of parties, Z, born presently aged 5 years. Mother asserts she had to go back to work due to financial constraints and Father’s unwillingness to provide for the family.	M [50]
Early 2019	Father alleges Mother has a fight with the maternal grandfather and ceases all communication with him.	M [50]
Mid-2019	Parties purchase a two-bedroom unit in Suburb D.	M [27]
Mid-2020	Mother asserts that she and the Father argued about a bill when Father threatens her with a kitchen knife.	M [43]
Late 2020	Father alleges parties engage in an argument regarding Father's contribution towards the household costs. Father sends a text message to Mother the following day saying the expenses should be paid by both parties equally and sends a copy of this message to a family friend, Ms J.	F [45]
Late 2020	Father alleges Mother wakes him up in the middle of the night and criticizes his income. Father asserts Mother tells him to quit his job and Father suggest he will do so if Mother can maintain an income for 6 months. Father alleges Mother hit him with an object.	F [46]
Late 2020	Father alleges he had a small argument with X because she was misbehaving and being disrespectful. Father attends upon Suburb K Police Station after being contact by a police officer and is arrested and cautioned. Father is charged with an offence against X.	F [47] – [50]
Late 2020	First Apprehended Domestic Violence Order (ADVO) is issued against Father.	M Annex K
Late 2020	Father pleads guilty to the charge against X to safeguard her against proceedings.	F [51]
Late 2020	Father’s vocational license is cancelled.	F [53]
Late 2020	Father is arrested at the family home and taken to Suburb K Police station. Father is charged with multiple violent offences against X, Y, Mother and Z. Father pleads guilty to all the above charges.	F [55] F [57]
Late 2020	Second ADVO is issued against Father.	M Annex L
25 November 2020	Parties separate.	F [4]
Early 2021	Father is granted annulment in relation to offence against X.	F [60]
Mid-2021	Y is hospitalised for an infection.	F [80]
Mid-2021	Father is charged with further violent offences against X, Y and Mother.	F Annex B
Unknown	Mother asserts that she was unaware of the sexual abuse perpetrated by the Father on the two elder children.	M2 [67]
Unknown	Father asserts that he registered for L Contact Centre per interim orders made on 5 May 2022 but the mother has failed to do so.	F2 [10]
23 Mar 2022	Mother files Initiating Application seeking parenting orders. Final Orders Sought Mother have sole parental responsibility for the children; Children live with Mother ; Z spends supervised time with Father at L Contact Centre; The Court appoints an ICL; Mother be permitted to re locate to Country B with the children; Parties communicate via email only; Children be placed on Family Law Watch List and Father be restrained from taking children overseas. Interim Orders Sought Same as above
24 Mar 2022	Mother files Amended Notice of Child Abuse, Family Violence or Risk alleging: Constant physical and verbal abuse; Discriminated as the children are both girls; Daughters were punished by father by being exposed to direct sunlight for hours; and Constant hatred towards X as she resembles the mother. Mother alleges risk that children will be abducted; if Father takes children to Country G, he will have more rights compared to Mother as Country G is not a signatory to the Hague convention.
25 Mar 2022	Mother files Amended Initiating Application seeking parenting orders. Same as Initiating Application filed 23 March 2022.
Early 2022	Father is found not guilty in relation to offence against X.	F [61]
5 May 2022	First Return List before a judicial registrar. Orders made: Child Impact report be prepared; ICL to be appointed; Matter listed for procedural hearing on 29 September 2022; Orders made by consent: Father spends time with Z at L Contact Centre and relevant costs be paid by him; ICL be appointed; CIR be prepared; Restraint on denigration.
5 May 2022	Father asserts he is unable to attend supervised visits with Z as per Orders due to financial constraints.	F [88]
4 Sep 2022	Father files Response seeking parenting orders. Final Orders Sought Parties have equal shared parental responsibility for the children; Children live with the Mother; Z spends time with Father on a fortnightly regime from Wednesday to Friday (week 1) and from Friday to Sunday (week 2); X and Y spend time with Father every second weekend from Friday to Sunday; Parties inform each other in relation to children's medical appointment; Parties to be able to communicate with children via telephone or other electronic means at reasonable times; Parties inform each other of medical emergencies; Parties inform each other of change of residence; Restrains to denigrate. Interim Orders Sought Father spends time with children for two hours per fortnight supervised by a supervision service; Supervision costs be shared by parties.
4 Sep 2022	Father files Notice of Child Abuse, Family Violence or Abuse alleging: Mother has said she is financially suffering and will kill herself and children because of it; Mother has said when she is financially suffering she will lose her mind ; and Mother has mental health issues, cannot control her angry and gets angry very quickly.
16 Sep 2022	Child Impact Report released: CIR to be provided to parties dated 15 September 2022 be given to ICL, parties and their legal representatives. Court Child Expert made a mandatory report in relation to the disclosures made by X and Y at the Child Impact Report interviews.
29 Sep 2022	Directions Hearing before JR. Orders made: Filing directions made; Matter listed for interim hearing on 29 November 2022 at 10 am; Matter listed for Conciliation conference on 23 January 2023 at 9am; Family Report be prepared; Matter listed for Compliance and Readiness Hearing on 23 June 2023.
31 Oct 2022	Chambers Hearing before JR. Orders made: Local Court at Suburb M to provide a copy of the following proceedings to FCFCOA: Proceedings H…; Proceedings H…; and Proceedings ….
24 Nov 2022	Chambers Hearing before JR. Orders made: Photocopy leave for material produced by Suburb M Local Court; Interim hearing listed on 29 November 2022 vacated; Parties to file Outline of Case for interim hearing; Interim hearing listed for 2 February 2023.
21 Dec 2022	Chambers Hearing before JR. Orders made: Conciliation Conference listed for 23 January 2023 is vacated; Parties to attend FDRP on 23 January 2023; Legal representatives to contact Relationships Australia.
13 Jan 2023	Chambers Hearing before JR. Orders made: Material produced under subpoena, Suburb M local Court and Suburb N Local Court file to be released to parties in electronic form.
31 Jan 2023	Chambers Hearing before JR. Orders made: Subpoena material to be released to parties in electronic form.
2 Feb 2023	Interim Defended Hearing before SJR. Orders made: Orders 2 and 3 of the Orders made by consent on 5 May 2022 be suspended; Proceedings to be transferred to FCFCOA Division 1; Refereed to Magellan Registrar for consideration of inclusion of matter to Magellan List; Listing on 23 June 2023 is vacated.
3 Feb 2023	Chambers Hearing before JR. Orders made: Matter is to transferred to FCFCOA Division 1; Matter is placed in Magellan Registrar 's Docket; NSW DCJ to prepare Magellan Report; Leave granted to NSW DCJ to inspect documents ; Leave granted to ICL to issue subpoenas.
10 February 2023	Mother files Amended Notice of Child Abuse, Family Violence or Risk alleging: Constant physical and verbal abuse; Discriminated as the children are both girls; Daughters were punished by father by being exposed to direct sunlight for hours; Constant hatred towards X as she resembles the mother; and Sexual abuse to both daughters. Mother alleges risk that children will be abducted; if Father takes children to Country G, he will have more rights compared to Mother as Country G is not a signatory to the Hague convention.
17 Mar 2023	Chambers Hearing before JR. Orders made: Release of Magellan Report to parties ; Matter' listed for Readiness Hearing on 26 April 2023.
30 Mar 2023	Chambers Hearing before JR. Orders made: Release of Family Report to parties.
3 Apr 2023	Chambers Hearing before Justice Altobelli. Orders made: Matter listed for trial management hearing on 1 May 2023; Matter listed for final hearing commencing 30 October 2023.
1 May 2023	Trial Management Hearing before Justice Altobelli. Orders made: Matter is listed for mention in relation to prope1iy matters and possible undefended hearing in relation to parenting matters on 18 May 2023; Father directed to file a Notice of Discontinuance in relation to parenting matter; Final hearing listed on 30 October 2023.
1 May 2023	Father files Notice of Discontinuance
15 May 2023	Mother files Further Amended Initiating Application seeking parenting and financial orders. Final Orders Sought Mother have sole parental responsibility for the children; Children live with Mother; The Court appoints an ICL; Mother be permitted to relocate to Country B with the children; Father not be permitted to spend any time with the children; Children be removed from the Airport Watchlist; Orders 1 to 3 of Consent Orders entered on 5 May 2022 be set aside.