Kattan & Nahas

[2021] FamCA 461

FAMILY COURT OF AUSTRALIA

Kattan & Nahas [2021] FamCA 461

File number(s):

BRC 10442 of 2016

Judgment of:

BAUMANN J

Date of judgment:

30 June 2021

Catchwords:

FAMILY LAW – CHILDREN – Where the Respondent says the Applicant’s Initiating Application is doomed to fail – Where the Respondent seeks the application be summarily dismissed –Where the Applicant seeks that the children live with him overseas – Where only part of the Applicant’s application is doomed to fail – Orders seeking the children reside overseas with the Applicant summarily dismissed.

Legislation:

Family Law Act 1975 (Cth) s 45A

Family Law Rules 2004 (Cth)

Cases cited:

Beck & Beck [2004] FLC 93-181

Friar & Friar [2011] FamCA 71

Line & Line (1997) FLC 92-729

Number of paragraphs:

31

Date of last submission/s:

18 June 2021

Date of hearing:

18 June 2021

Place:

Brisbane

Solicitor for the Applicant:

Self-represented

Solicitor for the Independent Children's Lawyer:

Mr S Seth, Seth Solicitors

Solicitor for the Respondent:

Mr L Bertrand, Sterling Law (Qld)

ORDERS

BRC 10442 of 2016

BETWEEN:

MR KATTAN

Applicant

AND:

MS NAHAS

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	BAUMANN J
DATE OF ORDER:	30 JUNE 2021

THE COURT ORDERS UNTIL FURTHER ORDER:

1.That the Applicant’s application for the children, X born … 2005, Y born … 2010 and Y born … 2012 (“the children”) to live with him outside of Australia and in Country B is summarily dismissed.

2.That the Court identifies the main issues requiring determination at a final hearing to be:

(a)parental responsibility for major long term issues;

(b)whether, and on what conditions (if any), the children should be permitted to visit the father in Country B; and

(c)whether, and on what conditions (if any), the children spend time with the father in Australia (noting an Airport Watch List Order remains in existence).

3.That the remaining issues for determination by the Court are listed for Final Hearing for not more than two (2) days commencing at 10.00am (Queensland, Australia time) on 7 October 2021 in the Family Court of Australia at Brisbane by video via Microsoft Teams.

4.That each party shall file and serve on each other no later than 4.00pm on 9 September 2021, any affidavit material to be relied upon in respect of the issues in dispute, as identified in this Order.

5.That the Applicant pay any hearing fee or seek a waiver of the fee no later than 4.00pm on 9 September 2021.

6.That each party file and serve on each other no later than 4.00pm on 30 September 2021, a case outline setting out:

(a)a precise minute of the final orders sought;

(b)a relevant chronology; and

(c)a list of Affidavits and Applications and/or Responses intended to be relied upon at trial.

7.That in the event that either party wishes to cross examine the family report writer at the Final Hearing, that party shall provide written notice to the family report writer of such intention as soon as reasonably practicable, but by no later…