Mansur and Hosni
Case
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[2020] FamCA 166
•19 March 2020
Details
AGLC
Case
Decision Date
Mansur and Hosni [2020] FamCA 166
[2020] FamCA 166
19 March 2020
CaseChat Overview and Summary
In the matter of *Mansur and Hosni*, Johns J of the Family Court of Australia considered parenting orders concerning two children, X and Y. The proceedings were permitted to proceed on an undefended basis, indicating that the father, Mr. Hosni, did not participate in the hearing. The core of the dispute revolved around the future living arrangements, parental responsibility, and international travel arrangements for the children.
The court was required to determine several key issues. These included whether to discharge previous parenting orders, where the children should live, who should have sole parental responsibility for long-term decisions, the nature of the father's time and communication with the children, and whether to discharge an existing Watch List Order concerning the children. Furthermore, the court needed to consider the mother's ability to take the children outside of Australia and the arrangements for the children's passports.
Johns J discharged all previous parenting orders and made new orders that the children, X and Y, should live with the mother. The mother was granted sole parental responsibility for decisions regarding the children's long-term care, welfare, and development. The father was ordered to spend time and communicate with the children as agreed in writing between the parties. Crucially, the Watch List Order was discharged, and the Australian Federal Police were requested to remove the children's names from the Airport Watch List. The mother was permitted to take the children outside of Australia for up to 10 weeks per annum, subject to specific notice requirements to the father regarding travel itineraries, contact details, and return airfares. The mother was also permitted to retain possession of the children's passports and to obtain new Australian passports for them, even without the father's written consent, should he fail to comply with such requests. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an annexure pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The court was required to determine several key issues. These included whether to discharge previous parenting orders, where the children should live, who should have sole parental responsibility for long-term decisions, the nature of the father's time and communication with the children, and whether to discharge an existing Watch List Order concerning the children. Furthermore, the court needed to consider the mother's ability to take the children outside of Australia and the arrangements for the children's passports.
Johns J discharged all previous parenting orders and made new orders that the children, X and Y, should live with the mother. The mother was granted sole parental responsibility for decisions regarding the children's long-term care, welfare, and development. The father was ordered to spend time and communicate with the children as agreed in writing between the parties. Crucially, the Watch List Order was discharged, and the Australian Federal Police were requested to remove the children's names from the Airport Watch List. The mother was permitted to take the children outside of Australia for up to 10 weeks per annum, subject to specific notice requirements to the father regarding travel itineraries, contact details, and return airfares. The mother was also permitted to retain possession of the children's passports and to obtain new Australian passports for them, even without the father's written consent, should he fail to comply with such requests. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an annexure pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Natural Justice
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Citations
Mansur and Hosni [2020] FamCA 166
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