Ramzi & Moussa

Case [2022] FedCFamC2F 1473


Federal Circuit and Family Court of Australia

(DIVISION 2)

Ramzi & Moussa [2022] FedCFamC2F 1473

File number(s): MLC 12613 of 2018
Judgment of: JUDGE BECKHOUSE
Date of judgment: 4 November 2022
Catchwords: FAMILY LAW – PARENTING – Family violence – Coercion and control – Physical violence– Sexual abuse – Humiliation – Threats – Harassment – Monitoring – Deprivation of liberty – Isolation – Social abuse – Economic and financial abuse – Cultural abuse – Spiritual abuse – Exposure to family violence –  Arranged marriage – Fear – Unacceptable risk – Application that child spend no time with a parent –Impact on mother’s parenting capacity – Mitigation of risk – Orders made for sole parental responsibility – Injunctive orders – No time ordered   
Legislation:

Evidence Act 1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 60CC(2), 60CC(3)

Cases cited:

Adamson & Adamson (2014) FLC 93-622

Amador & Amador (2009) 43 Fam LR 268

Ramzi & Moussa [2021] FCCA 103

Blinko & Blinko [2015] FamCAFC 146

Britt & Britt (2017) FLC 93-764

Champness & Hanson (2009) FLC 93-407

Garrod & Davenort [2018] FamCA 825

Hendy & Penningh (2018) FLC 93-879

Illgen & Yike [2018] FamCA 17

Isles & Nelissen (2022) FedCFamC1A 97

Keane & Keane (2021) 62 Fam LR 190

Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361

McCall & Clark (2009) FLC 93-405

Moose & Moose (2008) FLC 93-375

Napier & Hepburn (2006) FLC 93-303

Salah & Salah (2016) FLC 93-713

Saska & Radavich [2016] FamCAFC 179

Slater & Light (2013) 48 Fam LR 573

Division: Division 2 Family Law
Number of paragraphs: 288
Date of hearing: 21-23 February 2022
Place: Sydney
Solicitor for the Applicant: Mr Boden of Starnet Legal Pty Ltd
Counsel for the Respondent: Mr Schroder
Solicitor for the Respondent: Legal Aid NSW Bankstown Family Law
Solicitor for the Independent Children's Lawyer: Mr Holmes of Holmes Donnelly & Co Solicitors

ORDERS

MLC 12613 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR RAMZI

Applicant

AND:

MS MOUSSA

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

JUDGE BECKHOUSE

DATE OF ORDER:

4 NOVEMBER 2022

ON A FINAL BASIS THE COURT ORDERS THAT:

1.The Mother have sole parental responsibility for the child X born in 2017 (“the child”).

2.The child live with the Mother.

3.The child spend no time with the Father, nor communicate with the Father.

4.Pursuant to section 68B of the Family Law Act 1975 (Cth), the Father be and is hereby restrained by injunction from:

(a)Coming within 100 metres of the place of residence of the Mother and child or any school, child care facility or educational institution attended by the child;

(b)Contacting the Mother in a manner inconsistent or contrary to these Orders; and

(c)Attempting to or allowing or encouraging any other person to find, locate or communicate with the Mother and/or the child including but not limited to their place of residence and any school, child care facility, educational institution attended by the child from time to time…

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AGLC
Ramzi & Moussa [2022] FedCFamC2F 1473
Case
[2022] FedCFamC2F 1473
Decision Date

CaseChat Overview and Summary

This case concerns the parenting arrangements for X born in 2017, who is currently five years old. X’s parents, Mr Ramzi (the father) and Ms Moussa (the mother), are in dispute about his future parenting arrangements. The father seeks that X spend time with him, with the hope of a shared care arrangement. The mother seeks that X spend no time with the father and live with her in Sydney. The mother also alleges that the father poses an unacceptable risk to X and that orders facilitating a relationship between X and the father would have a negative impact on her parenting capacity. The Court was asked to determine whether the mother should return to Melbourne with X, how parental responsibility for X should be exercised, whether the father does pose a risk of harm to X, and if X is to spend time with the father in Melbourne, how much time and should it take place under supervision. The Court found that the mother experienced coercive and controlling family violence at the hands of the father, and that there was an unacceptable risk that X would be physically and/or psychologically harmed from being exposed to family violence by the father or another person in the father’s household. The Court also found that the mother holds a rational and genuine belief that X is at risk in the care of the father. The Court concluded that no orders that it could make would mitigate against the risks posed by the father. The Court therefore ordered that the mother have sole parental responsibility for X, that X live with the mother in Sydney, and that X spend no time nor communicate with the father. The Court also made a range of injunctions for the personal protection of the mother and X, including that the father be restrained from coming within 100 metres of the mother and X’s residence, X’s school, or any child care facility or educational institution he may attend; contacting the mother; and attempting to or allowing or encouraging any other person to find or locate the mother and X.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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