MASRI & MASRI

[2020] FamCA 730

FAMILY COURT OF AUSTRALIA

MASRI & MASRI [2020] FamCA 730

FAMILY LAW – CHILDREN – Interim Parenting – Best Interests – Consideration of the “rule” in Rice & Asplund – Where there has not been a significant change in circumstances since interim orders were made in the Federal Circuit Court which varied final parenting orders made in the Family Court and changed the children’s primary residence to that of the father – Where the final parenting arrangements for the children are to be determined following the receipt of the Single Expert Report.

Family Law Act 1975 (Cth)

Elmi & Munro (2019) FLC 93-912
Masri & Masri (No. 2) [2017] FamCA 898
Masri & Masri [2019] FCCA 3223
Prewett & Mann [2013] FamCAFC 130
Rice & Asplund (1979) FLC 90-725

APPLICANT: Mr Masri

RESPONDENT: Ms Masri

INDEPENDENT CHILDREN’S LAWYER: Ms Dodson

FILE NUMBER: PAC 5617 of 2014

DATE DELIVERED: 3 September 2020

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 5 June 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Dart

SOLICITOR FOR THE APPLICANT: Somverville Legal

COUNSEL FOR THE RESPONDENT: Mr Hill

SOLICITOR FOR THE RESPONDENT: Friend & Co Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Dodson of Legal Aid NSW Penrith

Orders

1. That Orders (1) to (5) inclusive made on 5 June 2020 continue pending further order.

2. That otherwise all interim applications are dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Masri & Masri has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 5617 of 2014

Mr Masri

Applicant

And

Ms Masri

Respondent

REASONS FOR JUDGMENT

1. In these long running parenting proceedings, Hannam J made final orders following a four-day trial on 9 November 2017.

2. In summary, the Court ordered that:

   a)the mother and father have equal shared parental responsibility for the children D born in 2011 and E born in 2013;

   b)that the children live with the mother;

   c)that the father have substantial and significant contact with the children including during the school term each alternate weekend and for an overnight day in the other week and half of the school holiday; and

   d)otherwise the Court made specific issues orders as to particular occasions and the exchange of information between the parents in relation to the children’s schooling and other issues.

3. These reasons assume familiarity with the reasons for judgment delivered by the Court on 9 November 2017: Masri & Masri (No. 2) [2017] FamCA 898.

4. Final property orders were made by…