Ishak & Koroma

[2023] FedCFamC1F 272

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Ishak & Koroma [2023] FedCFamC1F 272

File number(s):

PAC 3723 of 2021

Judgment of:

ALTOBELLI J

Date of judgment:

19 April 2023

Catchwords:

FAMILY LAW – JURISDICTION – Where the parties and the children are Australian citizens – Where the parties and the older children live in Australia and the younger children (“the twins”) were born and live in Country B – Mother seeks interim international relocation of the twins to Australia and interim parenting orders – Father opposes the relocation of the twins – Applicability of Subdivision B of Division 4 of Part XIIIAA of the Family Law Act 1975 (Cth) (“the Act”) – Father argues s 111CC of the Act deprives this Court of jurisdiction – Where there is no evidence of whether there is a competent authority in Country B – Held Subdivision B does not apply and this Court has jurisdiction.

FAMILY LAW – JURISDICTION – Habitual residence – In the alternative, if Subdivision B were to apply, the twins’ habitual residence pursuant to s 111CD(1)(e) would be considered – The twins’ habitual residence would be Country B, not Australia – The Court would not have jurisdiction.

FAMILY LAW – PARENTING – Interim orders – Not enough evidence and/or urgency to order international relocation for the twins on an interim basis – Not enough evidence to make orders in relation to the older children.

Legislation:

Family Law Act1975 (Cth) ss 60CC, 68B, 69E, 111CA, 111CC, 111CD

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children

Cases cited:

Ahmad & Hadi [2020] FamCA 1041

Alfarsi & Elhage [2016] FamCA 428

Bunyon & Lewis (No 3) [2013] FamCA 888

Department of Communities and Justice & Leoni [2020] FamCA 411

Duckworth & Jamison (2014) 51 Fam LR 471; [2014] FamCA 308

State Central Authority & Metin [2020] FamCA 535

Sun & Long [2019] FamCA 3

Yaling & Tsen [2022] FedCFamC1F 347

Division:

Division 1 First Instance

Number of paragraphs:

68

Date of hearing:

17 January 2023

Place:

Sydney

Counsel for the Applicant:

Mr Mathews

Solicitor for the Applicant:

Genesis Edge Law Group

Solicitor for the Respondent:

Pryor Tzannes & Wallis

ORDERS

PAC 3723 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ISHAK

Applicant

AND:

MR KOROMA

Respondent

order made by:	ALTOBELLI J
DATE OF ORDER:	19 April 2023

THE COURT ORDERS PENDING FURTHER ORDER THAT:

1.Order 1 of the orders made on 17 January 2023 granting the Applicant mother (“the Mother”) exclusive occupancy of the property at C Street, is to continue.

2.If the Mother unreasonably refuses to provide the Respondent father (“the Father”) with his personal belongings, then the Father has leave to apply to relist the proceedings on seven days’ notice and in the event that such liberty is exercised, the Father shall:

(a)Forthwith notify all other parties of the intention to make the request and the reason for same;