FAMILY COURT OF AUSTRALIA
| SAIF & SAIF | [2020] FamCA 119 |
| FAMILY LAW – CHILDREN – Interim Parenting – Relocation – Where the father seeks the children reside in the Sydney Metropolitan area within NSW – Where the mother seeks to relocate the children to the Melbourne area – Where the father seeks that both the father and mother be restrained and an injunction be granted restraining them from removing the children from the Sydney Metropolitan area – Consideration of best interests of the children – Where discussion of applicable principles – Where in best interests of the children to reside in Melbourne with the mother. |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 69ZL |
| Bondelmonte v Bondelmonte (2016) 259 CLR 662; [2017] HCA 8 Dundas & Blake [2013] FamCAFC 133 Eaby & Speelman [2015] FamCAFC 104 Franklyn & Franklyn [2019] FamCAFC 256 Godfrey & Sanders [2007] FamCA 102 Goode & Goode [2006] FamCA 1346 Lim & Zong [2020] FamCAFC 20 Marvel & Marvel [2010] FamCAFC 101 Mazorski v Albright [2007] FamCA 520 McCall & Clark [2009] FamCAFC 92 MRR v GR [2010] HCA 4 Sigley & Evor (2011) 44 Fam LR 439 Vallans & Vallans [2019] FamCAFC 260 |
| APPLICANT: | Mr Saif |
| RESPONDENT: | Ms Saif |
| INDEPENDENT CHILDREN’S LAWYER: | Mr Macdiarmid |
| FILE NUMBER: | PAC | 180 | of | 2019 |
| DATE DELIVERED: | 28 February 2020 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 3 February 2020 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mr Morris of Circle Bridge Legal |
| SOLICITOR FOR THE RESPONDENT: | Ms Wade of Fairfax Lawyers |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mark Macdiarmid Family Law Specialist |
Orders
That all previous orders be discharged.
That Pending Further Order
That the mother have sole parental responsibility for the children X born … 2008, Y born … 2011 and Z born … 2014 provided always that the mother shall inform the father in a timely manner of any major long term decisions made by her in relation to the children, in particular, as to schooling and medical issues.
That the said children live with the mother.
That the mother be at liberty to relocate the children to the Melbourne area.
That the mother shall:
(a)Inform the father in writing within seven days from this date of the schools at which the children are enrolled and do all things necessary to authorise and direct that the father be entitled to obtain from the children’s schools such information as may be reasonably requested by him;
(b)Inform the father in writing within seven days of her email and phone contact numbers and keep the father informed in the event of any change; and
(c)Inform the father of any treating medical or related health practitioners who attend upon the children and do all things necessary to authorise and direct that the father be entitled to obtain from such practitioners such information as may be reasonably requested by him.
That the mother do all things reasonably necessary to facilitate telephone or other…
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- AGLC
- Saif & Saif [2020] FamCA 119
- Case
- [2020] FamCA 119
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was in the best interests of the children for the mother to have sole parental responsibility, for the children to live with the mother, and for the mother to be at liberty to relocate the children to Melbourne. The court also considered the extent of the father's ongoing involvement in the children's lives, particularly in relation to major long-term decisions and communication.
Foster J reasoned that it was in the children's best interests for the mother to have sole parental responsibility, subject to her informing the father of any major long-term decisions concerning schooling and medical issues. The court ordered that the children live with the mother and granted her liberty to relocate them to the Melbourne area. The orders also stipulated detailed provisions for the mother to inform the father of the children's schooling and medical practitioners, and to facilitate regular communication between the children and the father. The father was granted liberty to apply for supervised time with the children. The proceedings were subsequently transferred to the Melbourne Registry for further management.
Orders
Orders of the court
1.
That all previous orders be discharged.
That Pending Further Order
2.
That the mother have sole parental responsibility for the children X born … 2008, Y born … 2011 and Z born … 2014 provided always that the mother shall inform the father in a timely manner of any major long term decisions made by her in relation to the children, in particular, as to schooling and medical issues.
3.
That the said children live with the mother.
4.
That the mother be at liberty to relocate the children to the Melbourne area.
5.
That the mother shall:
(a) Inform the father in writing within seven days from this date of the schools at which the children are enrolled and do all things necessary to authorise and direct that the father be entitled to obtain from the children’s schools such information as may be reasonably requested by him;
(b) Inform the father in writing within seven days of her email and phone contact numbers and keep the father informed in the event of any change; and
(c) Inform the father of any treating medical or related health practitioners who attend upon the children and do all things necessary to authorise and direct that the father be entitled to obtain from such practitioners such information as may be reasonably requested by him.
6.
That the mother do all things reasonably necessary to facilitate telephone or other electronic communication between the children and the father on a telephone number or other facility nominated by the father with such communication to be on not less than two occasions each week at a time agreed by the parties and in default of agreement each Wednesday and Sunday evening between 6.30 pm and 7.00 pm.
7.
That the father be liberty to apply as to the resumption of orders for supervised time with the children.
8.
That these proceedings be transferred to the Melbourne Registry of this Court to be listed for Judicial Case Management at 10.00 am on Monday, 6 April 2020 before her Honour Justice Hartnett.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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