SOULOS & SORBO - [2018] FamCA 1121

FAMILY COURT OF AUSTRALIA

SOULOS & SORBO

[2018] FamCA 1121

FAMILY LAW – CHILDREN – Parenting – Where the father has perpetrated family violence against the mother – where there is a high level of conflict between the parents – where the mother seeks to relocate to Country N – where the parties use different names for the child – where the father has concerns that the child’s medical and dental health is not appropriately attended to by the mother – where the mother alleges that the father physically assaulted the child – where if the child relocates to Country N the child would not have a relationship with the father- where no unacceptable risk in the father’s care – where the mother be allowed to relocate to Country N with the child – where the mother have sole parental responsibility for the child.

Family Law Act 1975 (Cth)ss 60B, 60CA, 60CC, 61C, 61DA, 65DAA, 69ZR
Evidence Act 1995 (Cth) s140

Adamson & Adamson [2014] FamCAFC 232,(2014) FLC 93-622,(2014) 51 Fam LR 626
Amador & Amador [2009] FamCAFC 196
Carlson & Fluvium [2012] FamCA 32
G & C [2006] FamCA 994
Goode & Goode (2006) FLC 93-286,
M v M (1988) 166 CLR 69; [1988] HCA 68
Mazorski v Albright[2007] FamCA 520
McCall & Clark (2009) FLC 93-405

APPLICANT:

Mr Soulos

RESPONDENT:

Ms Sorbo

INDEPENDENT CHILDREN’S LAWYER:

Robertson Solicitors

FILE NUMBER:

PAC

5406

2012

DATE DELIVERED:

21 December 2018

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Hannam J

HEARING DATE:

16 - 20 April 2018, 8 June 2018, 9 – 13 July 2018, 3 August 2018 & 19 December 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Schonell SC

SOLICITOR FOR THE APPLICANT:

Thurlows Family Lawyers

COUNSEL FOR THE RESPONDENT:

Mr Levet

SOLICITOR FOR THE RESPONDENT:

Spectrum Legal Group

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms De Vere

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Robertson Solicitors

Orders

That the mother have sole parental responsibility for the child B F Soulos, born … 2011 (“the child”).
That the child live with the mother.
That the mother be allowed to relocate to Country N.
That the Australian Federal Police give effect to the preceding Order by removing the child’s name from the Family Law Watch list.
That within 14 days of the making of these Orders the father do all things required by the mother to procure for the child an Australian and a Country N Passport.
That in the event that the father fails, refuses, or neglects, to comply with the preceding Order, that the Registrar of the Family Court of Australia, Parramatta Registry, sign all documents necessary to give effect to such Order, AND FOR THAT PURPOSE the signature of the Registrar of the Family Court of Australia, Parramatta Registry, be deemed to be that of the father.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by…

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.

Continue reading SOULOS & SORBO

Details

AGLC: SOULOS & SORBO [2018] FamCA 1121
Case: [2018] FamCA 1121
Decision Date: 21 December 2018

CaseChat Overview and Summary

In the matter of *Soulos & Sorbo*, heard by Hannam J, the dispute concerned parental responsibility and the proposed relocation of a child. The mother sought sole parental responsibility for the child, that the child live with her, and that she be permitted to relocate with the child to Country N. The father's position on these matters is not detailed in the provided text, but the orders indicate a contested proceeding.

The court was required to determine whether to grant the mother sole parental responsibility for the child, whether the child should live with the mother, and crucially, whether to permit the mother to relocate with the child to Country N. The orders also addressed the practical steps necessary to facilitate this relocation, including the procurement of passports and the removal of the child's name from the Family Law Watch list.

Hannam J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The court further ordered that the mother be allowed to relocate to Country N. To give effect to these orders, the court directed the Australian Federal Police to remove the child's name from the Family Law Watch list. Additionally, the father was ordered to cooperate in procuring Australian and Country N passports for the child within 14 days. In the event of the father's failure to comply, the Registrar of the Family Court of Australia, Parramatta Registry, was empowered to sign all necessary documents to give effect to the passport order.

Orders

Orders of the court

That the mother have sole parental responsibility for the child B F Soulos, born … 2011 (“the child”).

That the child live with the mother.

That the mother be allowed to relocate to Country N.

That the Australian Federal Police give effect to the preceding Order by removing the child’s name from the Family Law Watch list.

That within 14 days of the making of these Orders the father do all things required by the mother to procure for the child an Australian and a Country N Passport.

That in the event that the father fails, refuses, or neglects, to comply with the preceding Order, that the Registrar of the Family Court of Australia, Parramatta Registry, sign all documents necessary to give effect to such Order, AND FOR THAT PURPOSE the signature of the Registrar of the Family Court of Australia, Parramatta Registry, be deemed to be that of the father.

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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