Majid and Sunil

Case

[2016] FamCA 274

27 April 2016


Details
AGLC Case Decision Date
Majid and Sunil [2016] FamCA 274 [2016] FamCA 274 27 April 2016

CaseChat Overview and Summary

In the matter of Majid and Sunil, Watts J made orders concerning the welfare of two children, B (born 2012) and C (born 2014). The dispute involved parenting arrangements and the children's immigration status.

The court was required to determine appropriate interim parenting orders, including the nature and location of contact between the father and the children, and to address the mother's immigration status in Australia. Further, the court needed to consider the appointment of a single expert to report on the children's welfare, the terms of that report, and the financial arrangements for the expert's fees. Finally, the court was asked to make orders preventing the removal of the children from Australia.

Watts J ordered that the children spend supervised time with the father at a contact centre, with specific arrangements for the centre to assess suitability and manage the logistics of contact to avoid parental interaction. The mother was ordered to provide evidence regarding her immigration status and the likelihood of her remaining in Australia with the children. The parties were directed to confer on the appointment of a single expert to prepare a report on the children's welfare, with detailed considerations for the expert's assessment, including the impact of proposed parenting arrangements and the parenting capacity of each parent. The father was ordered to pay a sum of $10,000 towards the expert's fees, with provisions for additional payments if required and responsibility for the expert's attendance costs for cross-examination. Injunctions were granted restraining the removal of the children from Australia for two years, with a request to the Australian Federal Police to place the children on the Family Law Watchlist.
Details

Areas of Law

  • Family Law

  • Immigration

Legal Concepts

  • Injunction

  • Expert Evidence

  • Costs

  • Jurisdiction

  • Remedies

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