FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Sayed & Rehmann [2025] FedCFamC2F 102
File number(s): PAC 5597 of 2022 Judgment of: JUDGE MYERS Date of judgment: 14 February 2025 Catchwords: FAMILY LAW – Parenting proceedings - best interests of child – two children aged 4 and 6 - where the Father resides in Queensland and the Mother resides in Sydney – where the Mother seeks a gradual increase in the Father’s time commencing as supervised and moving to unsupervised – where the Mother seeks orders for her to travel with the Children – where the Mother’s allegations of drug abuse against the Father are unsubstantiated - where the Father seeks his time be unsupervised – where the Father seeks orders permitting both parents to travel with the Children - where the Court orders the Father’s time be unsupervised – where the Court orders both parents be permitted to travel with the Children. Legislation: Family Law Act 1975 (Cth) s 60CC. Division: Division 2 Family Law Number of paragraphs: 93 Date of last submission/s: 24 September 2024 Date of hearing: 9-11 September 2024 and 24 September 2024 Place: Parramatta Counsel for the Applicant: Mr Havenstein Solicitor for the Applicant: Reuben George Lawyers Solicitor for the Respondent: Hart Law Group Counsel for the Independent Children's Lawyer: Mr Cairns Solicitor for the Independent Children's Lawyer: Mason Mia & Associates-Solicitors & Advocates ORDERS
PAC 5597 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS SAYED
Applicant
AND: MR REHMANN
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
14 FEBRUARY 2025
THE COURT ORDERS THAT:
1.Unless otherwise agreed between the parties in writing, the Children, X born in 2018 and Y born in 2021 (‘the Children’) shall spend time with the Father every third weekend from 3:00pm Friday to 3:00pm Sunday, save for where Monday is a public holiday in which case it will be a 3:00pm Monday drop off, with such time to commence on the first weekend following the Children having attended school.
2.Despite the provision of any other Order, and for the purposes of Order 1 above, the Father shall spend time with the Children in Sydney until such time as Y turns seven (7) years of age. For the purposes of clarifying this order, the Father shall be entitled to cause the Children to travel to Queensland to spend time with him during the school term following Y turning seven (7) years old.
3.For the purpose of facilitating Order 1 above, the Father will be responsible for picking up the Children directly from school and dropping off the Children to the Mother’s residence.
4.The Father shall advise the mother of the proposed location of all overnight time pursuant to Order 1 above.
5.Despite the provision of any other Order, and unless otherwise agreed between the parties in writing, the Children shall spend time/communicate with the parties as follows:
(a)The Children spend time with the parent they are living with/spending time with…
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CaseChat Overview and Summary
The court was required to balance the best interests of the children with the respective rights and responsibilities of the parents. The mother alleged drug abuse by the father, which were ultimately found to be unsubstantiated. The court considered the children's need for stability, the importance of maintaining a relationship with both parents, and the practicality of the proposed arrangements. The court found that the children's best interests would be served by a gradual transition to unsupervised contact for the father, beginning with supervised visits. The court also concluded that both parents should be permitted to travel with the children, subject to certain conditions and notice requirements.
In its reasoning, the court emphasised the importance of minimising disruption to the children's lives and maintaining a consistent routine. It ordered that the father's visitation would commence with supervised visits in Sydney, transitioning to unsupervised visits once the youngest child turns seven. The court also specified detailed arrangements for contact and travel, including provisions for communication between the children and the non-residential parent, and requirements for notice and documentation when travelling internationally. The court sought to ensure that both parents could maintain a meaningful relationship with the children while also addressing any safety and logistical concerns.
The court's final orders included specific provisions for the children's time with each parent, communication arrangements, and travel permissions. The father's visitation schedule was set to begin with supervised visits in Sydney and transition to unsupervised visits in Queensland after the youngest child turns seven. The court also ordered that both parents could travel with the children, provided they met certain conditions and gave appropriate notice. The orders included detailed provisions for communication between the children and the non-residential parent, and for the facilitation of travel, including passport arrangements. The court aimed to provide a balanced and practical solution that would support the children's well-being and their relationships with both parents.
Orders
Orders of the court
PAC 5597 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS SAYED
Applicant
AND:
MR REHMANN
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
14 FEBRUARY 2025
THE COURT ORDERS THAT:
1. Unless otherwise agreed between the parties in writing, the Children, X born in 2018 and Y born in 2021 (‘the Children’) shall spend time with the Father every third weekend from 3:00pm Friday to 3:00pm Sunday, save for where Monday is a public holiday in which case it will be a 3:00pm Monday drop off, with such time to commence on the first weekend following the Children having attended school.
2. Despite the provision of any other Order, and for the purposes of Order 1 above, the Father shall spend time with the Children in Sydney until such time as Y turns seven (7) years of age. For the purposes of clarifying this order, the Father shall be entitled to cause the Children to travel to Queensland to spend time with him during the school term following Y turning seven (7) years old.
3. For the purpose of facilitating Order 1 above, the Father will be responsible for picking up the Children directly from school and dropping off the Children to the Mother’s residence.
4. The Father shall advise the mother of the proposed location of all overnight time pursuant to Order 1 above.
5. Despite the provision of any other Order, and unless otherwise agreed between the parties in writing, the Children shall spend time/communicate with the parties as follows:
(a) The Children spend time with the parent they are living with/spending time with on the Children’s birthdays or a parent’s birthday.
(b) The parent who is not living with/spending time with the Children on the Children’s birthdays or that parent’s birthday is at liberty to video call the Children between the hours of 6:00pm to 6:30pm on that day.
(c) The Mother spend time with the Children from 9:00am Christmas Eve to 9:00am Boxing Day in even numbered years.
(d) The Father spend time with the Children from 9:00am Christmas Eve to 9:00am Boxing Day in odd numbered years.
(e) The Mother spend time with the Children on each Mother’s Day from 4:00pm on the day prior to Mother’s Day.
(f) That the Father spend time with the Children from 4:00pm on the day prior to Father’s Day to 4:00pm on Father’s Day.
6. Despite the provision of any other Order, during the school holidays at the end of Terms 1, 2 and 3, the Children shall spend time with the Father from 3:00pm Sunday to 3:00pm Friday in week 1.
7. Despite the provision of any other Order, during the December/January school holiday period the Children shall spend time with the parties on a week on week off basis. For the purposes of facilitating this time, the Children shall spend time with the Father in the first week and the Mother in the second week commencing on the first Monday at 9:00am in even numbered years and the Children shall spend time with the Mother in the first week and the Father in the second week commencing on the first Monday at 9:00am in odd numbered years and each alternate week thereafter.
8. To facilitate time in accordance with Orders 5, 6 and 7 above, the changeover location shall be as agreed in writing between the parents and failing agreement the Father shall attend upon the Mother’s home at the commencement and conclusion of time.
9. That the Father is at liberty to telephone or Facetime the Children between the hours of 6:00pm to 6:30pm on Tuesday and Thursday when the Children are in the Mother’s care and the Children shall be given privacy during the calls.
10. That the Mother is at liberty to telephone or Facetime the Children between the hours of 6:00pm to 6:30pm on Wednesday and Saturday when the Children are in the Father’s care and the Children shall be given privacy during the calls.
11. For the purpose of facilitating Orders 9 and 10 above, the Father will provide the Children with an iPad device.
12. The parents shall otherwise facilitate telephone or Facetime calls between the other parent and the Children at all reasonable times requested by the Children.
13. Despite the provision of any other Order, the Mother is permitted to take the Children for a holiday within Australia, or internationally, during periods when the Children are spending time with her pursuant to these Orders upon the Mother providing written notice to the Father fourteen (14) days prior to departure of the following:
(a) The date of departure and return to Sydney;
(b) A copy of the itinerary provided by a travel agent or airline in relation to the interstate holiday (if applicable);
(c) A copy of the return airline ticket for the Children; and
(d) Details of how the Children can be contacted whilst away from Sydney, including contact telephone number(s) and address(es) at which the Children will be residing whilst away from Sydney.
14. Despite the provision of any other Order, the Father is permitted to take the Children for a holiday within Australia, or internationally, during periods when the Children are spending time with him pursuant to these Orders upon the Father providing written notice to the Mother fourteen (14) days prior to departure of the following:
(a) The date of departure and return to Sydney;
(b) A copy of the itinerary provided by a travel agent or airline in relation to the interstate holiday (if applicable);
(c) A copy of the return airline ticket for the Children; and
(d) Details of how the Children can be contacted whilst away from Sydney, including contact telephone number(s) and address(es) at which the Children will be residing whilst away from Sydney.
15. For the purpose of facilitating the Children travelling with the Mother and the Father outside of the Commonwealth of Australia, found at Orders 13 and 14 above, and despite the provision of any other Order, the Mother shall within thirty-five (35) days of the date of these Orders apply for and obtain an Australian Passport for the Children. Upon obtaining the said passports the Mother shall forward to the Father a receipt for payment of the cost of having obtained the said passports and within seven (7) days thereafter the Father shall reimburse the Mother half of the cost for having obtained the passports. The Mother shall thereafter renew the Children’s passports not less than six (6) months prior to their expiry and the Mother shall forward to the Father a receipt for payment of the cost of having renewed the said passports and within seven (7) days thereafter the Father shall reimburse the Mother half of the cost for having renewed the said passports. That upon the Father returning with the Children at the end of an overseas holiday the Father shall provide the Children’s passports to the Mother.
16. Despite the provision of any other Order, the Mother shall within seven (7) days of obtaining and then renewing the Children’s passports provide to the Father a legible copy of the passport being those pages that depict the Children’s photographs, passport number and other details.
17. Despite the provision of any other Order, that upon the Father giving the Mother notice of his intended overseas travel with the Children pursuant to Order 14 above, the Mother shall provide the Children’s passports as soon as is practicable to the Father so as to ensure that the Father and Children are able to travel with the Father outside of the Commonwealth of Australia.
18. The Father shall provide the Mother with as much notice as possible, and no less than twenty-one (21) days’ notice of his inability to exercise the time with the Children pursuant to these Orders including providing confirmation that he has secured leave from work for holiday periods.
19. The parents are restrained by way of injunction from discussing with the Children or with any other person in the Children’s presence the details of these proceedings or showing any document related to these proceedings to the Children or allowing any other person to do so.
20. Each parent shall use all reasonable endeavours to ensure all communication between the parents is respectful and limited only to matters concerning the parenting arrangements for the Children.
21. The Mother shall use her best endeavours to ensure that the Father is informed of the Children's medical needs so far as is necessary for the Father to care for the Children during periods which he is spending time with them, including but not limited to providing any medication for the Children and instructions as to required dosages and times.
22. The Mother shall use all reasonable endeavours to communicate the Children's schooling and extracurricular activities to the Father.
23. Each parent shall use all reasonable endeavours to ensure that all items supplied for the Children when they are spending time with the other parent shall be returned with the Children to the parent who supplied the items at the conclusion of their time including but not limited to clothing, toys, books, and/or medication.
24. Each parent shall keep the other informed of his or her email address and mobile telephone number and shall notify the other within seventy-two (72) hours of such change occurring.
25. In the event that either parent proposes to change the Children's primary local Government area of residence then they are to provide to the other parent not less than twenty-eight (28) days prior written notice of the new address.
26. The Mother is restrained from relocating the Children's place of residence outside of the Sydney area without the consent of the Father or Order of the Court.
27. All Outstanding Applications and Responses are dismissed, and the proceedings are removed from the List of Matters awaiting finalisation.
AND THE COURT NOTES THAT:
A. These Final Parenting Orders are made in addition to the Partial Final Consent Orders dated 7 March 2024 and 11 September 2024.
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.
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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