FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Rasheed & Galliano (No 2) [2024] FedCFamC2F 1236
File number(s): PAC 1825 of 2022 Judgment of: JUDGE BERTONE Date of judgment: 9 September 2024 Catchwords: FAMILY LAW – Parenting – serious allegations of family violence – Father charged with serious criminal offences against Mother – Father withdraws on first day of final hearing – consideration of unacceptable risk – where the three eldest children refuse to spend time and communicate with Father – where safety of children and the Mother requires a no time order Legislation: Australian Passports Act 2005, s 11
Family Law Act 1975, ss 4AB, 60CA, 60CC, 60CG, 64B, 65D, 68B, 68C, 65Y, 114Q
Cases cited: Isles & Nelissen [2022] FedCFamC1A 97
Rasheed & Galliano [2024] FedCFamC2F 992
Division: Division 2 Family Law Number of paragraphs: 213 Date of last submission/s: 8 July 2024 Date of hearing: 8 July 2024 Place: Brisbane Solicitor for the Applicant: Legal Aid New South Wales For the Respondent: No appearance for or on behalf of the Respondent Counsel for the Independent Children's Lawyer: Mr Smith Solicitor for the Independent Children's Lawyer: Phillip A Wilkins & Associates ORDERS
PAC 1825 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS RASHEED
Applicant
AND: MR GALLIANO
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BERTONE
DATE OF ORDER:
9 SEPTEMBER 2024
THE COURT ORDERS:
1.That all previous parenting orders are hereby discharged.
2.That all outstanding Applications be dismissed.
AND THE COURT ORDERS BY CONSENT ON A FINAL BASIS:
3.That the Mother shall have sole responsibility and sole decision authority for making decisions about major long-term issues for the children W born in 2008, X born in 2010, Y born in 2014 and Z born in 2018 (‘the children’).
4.That the children shall live with the Mother.
AND THE COURT FURTHER ORDERS ON A FINAL BASIS:
5.That the children shall spend no time and have no communication with the Father.
6.That the Father and his servants shall be prohibited from removing or taking possession of the children from the Mother’s care.
7.That pursuant to section 68B of the Family Law Act 1975 (Cth) (‘the Act’), the Father shall be and is hereby restrained by injunction from:
(a)Approaching or contacting the children by any means and from requesting, encouraging or causing any third party to approach or contact the children by any means, including on his behalf;
(b)Attempting to locate the children and/or any person with whom the children lives with or requesting, encouraging or causing any third party to do so, including on his behalf;
(c)assaulting, threatening, stalking or harassing or in any other way intimidating the children or requesting, encouraging or causing any other person to do so, including on his behalf; and
(d)Attending and/or contacting any daycare, school and/or other educational facility that parents are ordinarily permitted to attend.
8.That pursuant to section 68B of the Act, upon the expiry…
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- Rasheed & Galliano (No 2) [2024] FedCFamC2F 1236
- Case
- [2024] FedCFamC2F 1236
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CaseChat Overview and Summary
The court found that the safety of the children and the Mother required that the children have no contact with the Respondent. The court made a no time order, restraining the Respondent from contacting the children or the Mother, and from attempting to locate them. The court also made orders for personal protection to which a power of arrest without warrant attached. The court granted the Mother sole responsibility and sole decision authority for making decisions about major long-term issues for the children, and allowed the Mother to travel with the children both within and outside of the Commonwealth of Australia without the Respondent’s consent. The court also made orders for the Mother to be able to provide copies of the orders to relevant persons and organisations as required.
Orders
Orders of the court
PAC 1825 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS RASHEED
Applicant
AND:
MR GALLIANO
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BERTONE
DATE OF ORDER:
9 SEPTEMBER 2024
THE COURT ORDERS:
1. That all previous parenting orders are hereby discharged.
2. That all outstanding Applications be dismissed.
AND THE COURT ORDERS BY CONSENT ON A FINAL BASIS:
3. That the Mother shall have sole responsibility and sole decision authority for making decisions about major long-term issues for the children W born in 2008, X born in 2010, Y born in 2014 and Z born in 2018 (‘the children’).
4. That the children shall live with the Mother.
AND THE COURT FURTHER ORDERS ON A FINAL BASIS:
5. That the children shall spend no time and have no communication with the Father.
6. That the Father and his servants shall be prohibited from removing or taking possession of the children from the Mother’s care.
7. That pursuant to section 68B of the Family Law Act 1975 (Cth) (‘the Act’), the Father shall be and is hereby restrained by injunction from:
(a) Approaching or contacting the children by any means and from requesting, encouraging or causing any third party to approach or contact the children by any means, including on his behalf;
(b) Attempting to locate the children and/or any person with whom the children lives with or requesting, encouraging or causing any third party to do so, including on his behalf;
(c) assaulting, threatening, stalking or harassing or in any other way intimidating the children or requesting, encouraging or causing any other person to do so, including on his behalf; and
(d) Attending and/or contacting any daycare, school and/or other educational facility that parents are ordinarily permitted to attend.
8. That pursuant to section 68B of the Act, upon the expiry of the Mother’s current New South Wales Apprehended Domestic Violence Order in late 2024, the Father shall be and is hereby restrained by injunction from:
(a) Approaching or contacting the Mother by any means and from requesting, encouraging or causing any third party to approach or contact the Mother by any means, including on his behalf;
(b) Attempting to locate the Mother and/or any person with whom the Mother lives with or requesting, encouraging or causing any third party to do so, including on his behalf; and
(c) Assaulting, threatening, stalking or harassing or in any other way intimidating the mother or requesting, encouraging or causing any other person to do so, including on his behalf.
9. That the Father shall be and is hereby restrained from making enquiries or otherwise attempting to locate the Mother’s residence, or from causing or permitting any third party to do so.
10. That Orders 7 to 9 are Orders for personal protection to which a power or arrest without warrant attached pursuant to provisions of section 68C of the Act.
11. That the Mother is permitted to apply for and/or renew an Australian passport for the children and the Father’s consent is not required.
12. That for the purpose of section 11(1)(b) of the Australian Passports Act 2005 (Cth) the children are permitted to have an Australian passport and travel internationally.
13. That the Mother shall be at liberty to travel with the children both within and outside of the Commonwealth of Australia and does not require the Father’s consent.
14. That the Mother shall have leave to provide a copy of these Orders to the children’s day care, school, before and/or after school care provider, other educational facility, GP, any other treating health care practitioner and/or other child-related organisation as required.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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Background to the litigation
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Evidence Before The Court
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Decision
Reasons for decision
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Legal Principle Established
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