Makra and El Obom

[2007] FamCA 1078

FAMILY COURT OF AUSTRALIA

MAKRA & EL OBOM [2007] FamCA 1078

FAMILY LAW – CHILDREN – Passport – Application by mother for issue of passport in the name of her son, aged 2 years – Brief union with father who has never supported nor taken an interest in his son – Purpose of visit to be with sister in Lebanon who is very ill – Mother is Australian citizen

APPLICANT: Ms Makra

RESPONDENT: Mr El Obom

FILE NUMBER: MLC 9678 of 2007

DATE DELIVERED: 29 August 2007

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 29 August 2007

REPRESENTATION

THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT:

Orders

1. That leave be granted to the mother to abridge all times to enable her Initiating Application filed this day to be heard.

2. That service of the said application upon the father be dispensed with and that the said application proceed without notice.

3. That the child … (male) born … August 2005 be permitted to travel outside the Commonwealth of Australia notwithstanding that the consent of the father has not been obtained and it is requested that the Department of Foreign Affairs and Trade issue a passport for the said child.

4. That the Initiating Application of the mother be otherwise dismissed.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Guest delivered this day will for all publication and reporting purposed be referred to as Makra & El Obom.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 9678  of 2007

Ms Makra

Applicant

And

Mr El Obom

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the Judicial Duty List.  The Initiating Application filed this day is brought by the mother in which she seeks an order for abridgment of times and that service of the application and affidavit upon the father be dispensed with.  She seeks a further order that the child born in August 2005 be permitted to travel outside the Commonwealth of Australia, notwithstanding that the consent of the father has not been obtained and for a request that the Department of Foreign Affairs and Trade issue a passport for the said child.

2. The application is supported by an affidavit, the contents of which I have read.  I have further heard evidence from the mother who is a most impressive young lady.  I am satisfied with the truth of the contents of the affidavit, having heard her evidence in court. 

3. The mother was born in December 1971 in Lebanon and travelled to Australia in 1988.  She adopted Australia as her home and became an Australian citizen in about 1990.  She has a valid Australian passport, a copy of which is tendered and marked Exhibit “B”. 

4. The mother first met the father some time in about 2004.  They were not married.  They have never lived together.  It was as a result of their short union that the child was born in August 2005.  The mother has had no contact with the father since the birth of the child.  Significantly, he pays no regard for any of his natural parental obligations, including for example, financial support.  He is bereft of any attribute of paternalism. 

5. The mother has on a prior occasion travelled to Lebanon in the year 2000 where she has family and parents.  Her sister has been hospitalised and is very unwell.  The purpose of the travel is to be with her sister.  The mother plans to leave as soon as possible and will return when it is appropriate to do so, but estimated to be in some one to one and a half months' time.  The mother has not repartnered.

6. I have a medical report dated 28 August 2007 from the B Medical Centre.  I will mark that medical report Exhibit “B”.  I rely upon the contents of that report. 

7. I propose to make the orders sought.  

I certify that the preceding seven  (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate: 

Date:  14 September 2007.