FAMILY LAW – CHILDREN – parental responsibility – children to live with the Mother – children to communicate in writing (through cards, letters, and/or presents) with the Father – whether the children should spend any time with the Father – children’s views are to not see the Father – children’s views are entrenched – where the Mother is unable to promote any time between the children and the Father – allegations of family violence including physical violence and coercive control – unacceptable risk of exposure to family violence – arrangements for travel to non-Hague Convention country
Legislation:
Family Law Act 1975 (Cth) ss 4AB, 60B, 60CA, 60CC, 61B, 61C, 61DA(2), 65D(1), 65DAC, 65Y, 68B(1)(a), 69ZT(1)(c), 111B;
Evidence Act 1995 (Cth) ss 76, 79, 140, 141, 164(1);
Convention on the Civil Aspects of International Child Abduction, opened for signature 25 October 1980, 1343 UNTS 98 (entered into force 1 December 1983);
Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990).
Stephen Odgers, Uniform Evidence Law (Lawbook, 16th ed, 2021).
Division:
Division 2 Family Law
Number of paragraphs:
209
Date of hearing:
5–6 May, 4 July 2022
Place:
Parramatta and Hobart, delivered in Hobart
Counsel for the Applicant:
Ms Murphy
Solicitor for the Applicant:
Gonzalez & Co
Counsel for the Respondent:
Mr Russo
Solicitor for the Respondent:
Dean Lawyers
Counsel for the Independent Children's Lawyer:
Mr Blank
Solicitor for the Independent Children's Lawyer:
Claremont Legal
ORDERS
PAC 1866 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS SOLGHI
Applicant
AND:
MR DANWAR
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE TURNBULL
DATE OF ORDER:
2 DECEMBER 2022
THE COURT ORDERS THAT:
1.MS SOLGHI (‘the Mother’) have sole parental responsibility…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Solghi & Danwar [2022] FedCFamC2F 1654
Case
[2022] FedCFamC2F 1654
Decision Date
CaseChat Overview and Summary
In the matter of Solghi & Danwar, Judge Turnbull delivered a judgment on December 2, 2022, determining the parenting arrangements for X (born in 2009) and Y (born in 2010). The court found that the children should not spend any time with their father, Mr Danwar, due to entrenched views against him, exposure to family violence, and the parents' inability to promote any relationship between the children and the father. However, the children are to maintain a limited connection with the father through cards, letters, and presents, and the mother will provide the father with certain educational and medical information about the children. The court also ordered sole parental responsibility to the mother, who is required to inform the father of any serious health issues impacting either child and provide him with the children's school reports and examination results, subject to redacting any information identifying their residential or school addresses. The court emphasised the importance of the children maintaining a connection with the father to reduce feelings of abandonment and any loss to their sense of identity, and to facilitate any future reconnection, if that ever occurs.