Federal Circuit and Family Court of Australia
(DIVISION 2)
Hossain & Karam [2022] FedCFamC2F 1472
File number(s): PAC 1322 of 2016 Judgment of: JUDGE NEWBRUN Date of judgment: 1 November 2022 Catchwords: FAMILY LAW – Parenting – fresh orders sought by parties after final parenting Orders made – Rice & Asplund – fresh Orders made as sought by Mother and ICL Legislation: Family Law Act 1975 (Cth) s 60CC Cases cited: Defrey & Radnor [2021] FamCAFC 67
Kelly & Otto [2022] FedCFamC1A 144
Rice v Asplund (1979) FLC 90– 725
Division: Division 2 Family Law Number of paragraphs: 50 Date of hearing: 19 October 2022 Place: Parramatta Counsel for the Applicant: Ms Seric of Counsel Solicitor for the Applicant: Family Law Group Pty Ltd The Respondent appeared in person Solicitor for the Independent Children’s Lawyer: Ms Ryan, Legal Aid NSW Parramatta Family Law ORDERS
PAC 1322 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KARAM
Applicant
AND: MR HOSSAIN
Respondent
INDEPENDENT CHILDREN'S LAWYER
Order made by:
JUDGE NEWBRUN
DATE OF ORDER:
1 November 2022
THE COURT ORDERS THAT:
1.The Father’s Amended Response filed 23 June 2022, in which he seeks fresh final and interlocutory orders, is dismissed.
2.Order 2(a)(iii) of the Court’s Orders of 15 July 2021 is varied by deleting that Order and substituting the following Order:
“(iii) Such time to be supervised by the Q Children’s Contact Centre located at AB Street, City L”.
3.No less than seven (7) days prior to any visit at the Q Children's Contact Centre in City L, the Father pay to the Mother's bank account an amount of $150. In the event of non-compliance with this Order, the Father's visit with X will not take place.
NOTATIONS:
A.The Court notes that there has already been compliance by the Father with Orders 5 (c)–(d) of the Court’s Orders of 15 July 2021.
B.The Court notes that there has already been compliance by the Independent Children's Lawyer with Order 6 of the Court’s Orders of 15 July 2021.
C.For the purposes of Order 3 above, the Court notes that the mother's bank account details are as follows:
Account Name: Ms Karam
BSB: …00
Account Number: …70
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 a pseudonym Karam & Hossain has been approved pursuant to s 121(9)(g) of the
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- Hossain & Karam [2022] FedCFamC2F 1472
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- [2022] FedCFamC2F 1472
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CaseChat Overview and Summary
The legal issues before the Court included whether the existing arrangements for the child’s contact with the father should be modified and if so, what form these modifications should take. The mother argued that the existing arrangements were no longer suitable and that the contact should be supervised by the Q Children's Contact Centre in City L. The father, on the other hand, sought further changes to the existing orders, which the Court dismissed.
The Court found that the existing arrangements for the child's contact with the father were no longer suitable and granted the mother's request to have the contact supervised by the Q Children's Contact Centre in City L. The Court also ordered that the father must pay $150 to the mother’s bank account at least seven days prior to any visit at the contact centre. Failure to comply with this payment would result in the cancellation of the visit. The Court provided the bank account details for the mother and noted that there had already been compliance with certain aspects of the previous orders.
The final orders include the dismissal of the father's amended response, the variation of the previous order to mandate supervision by the Q Children's Contact Centre, and the imposition of a financial requirement for the father to ensure compliance with the new visitation conditions.
Orders
Orders of the court
PAC 1322 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS KARAM
Applicant
AND:
MR HOSSAIN
Respondent
INDEPENDENT CHILDREN'S LAWYER
Order made by:
JUDGE NEWBRUN
DATE OF ORDER:
1 November 2022
THE COURT ORDERS THAT:
1. The Father’s Amended Response filed 23 June 2022, in which he seeks fresh final and interlocutory orders, is dismissed.
2. Order 2(a)(iii) of the Court’s Orders of 15 July 2021 is varied by deleting that Order and substituting the following Order:
“(iii) Such time to be supervised by the Q Children’s Contact Centre located at AB Street, City L”.
3. No less than seven (7) days prior to any visit at the Q Children's Contact Centre in City L, the Father pay to the Mother's bank account an amount of $150. In the event of non-compliance with this Order, the Father's visit with X will not take place.
NOTATIONS:
A. The Court notes that there has already been compliance by the Father with Orders 5 (c)–(d) of the Court’s Orders of 15 July 2021.
B. The Court notes that there has already been compliance by the Independent Children's Lawyer with Order 6 of the Court’s Orders of 15 July 2021.
C. For the purposes of Order 3 above, the Court notes that the mother's bank account details are as follows:
Account Name: Ms Karam
BSB: …00
Account Number: …70
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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