FEDERAL CIRCUIT COURT OF AUSTRALIA
Thon & Saelim [2021] FCCA 2132
File number: MLC 10983 of 2018 Judgment of: JUDGE O'SHANNESSY Date of judgment: 20 August 2021 Catchwords: FAMILY LAW – final undefended hearing – parenting – applicant father not in attendance for many supervised visits with the child – the mother to have sole parental responsibility for major long-term decisions regarding education, health and religious and cultural upbringing Legislation: Family Law Act 1975 (Cth), ss 4, 60CA, 60CC, 65DAC Cases cited: An & Zhu (2006) FLC ¶93-257.
Hiron & Tourle [2021] FCCA 1270.
Lanceley & Lanceley (1994) FLC ¶92-491.
Number of paragraphs: 23 Date of hearing: 20 August 2021 The Applicant: No appearance The Respondent: Appeared in person Counsel for the Independent Children's Lawyer: Ms M Stavrakakis Solicitor for the Independent Children's Lawyer: Ebejer and Associates ORDERS
MLC 10983 of 2018 BETWEEN: MR THON
Applicant
AND: MS SAELIM
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
20 AUGUST 2021
THE COURT ORDERS THAT:
1.All previous parenting orders be discharged
2.The Mother, Ms Saelim ("the Mother"), have sole parental responsibility for the major long-term issues of education, health and religious and cultural upbringing of X born 2016 ("X") and, save in emergency, before making a decision about those matters the Mother, if possible:
(a)inform the Father, Mr Thon ("the Father"), of the major long-term decision she intends to make regarding X; and
(b)take into account any timely input the Father makes about that decision; then
(c)make the decision and inform the Father of her decision.
3.X live with the Mother
4.X spend time with the Father up to four times per year professionally supervised by a privately retained professional contact service centre of not less than two hours, that service be nominated by the Father and all costs associated with same be paid by the Father.
5.Upon the Father nominating the contact service, the parents do all acts and things to engage with that service and comply with all reasonable requests of the supervised contact service to facilitate the Father's time with X.
6.The Mother be permitted to obtain X's passport pursuant to section 11 of the Australian Passports Act 2005 without the Father's consent and this order stand as any necessary authority for her to obtain the passport.
7.Any order placing X on the airport watchlist be discharged.
8.The Australian Federal Police remove the name of X from the airport watchlist at all points of international arrival and departure in Australia.
9.The appointment of the Independent Children's Lawyer is discharged after providing the orders made this day and the settled ex tempore reasons to the Father.
AND THE COURT NOTES THAT:
A.Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.
B.Pursuant to rule 16.05(2)(a) of the Federal Circuit…
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CaseChat Overview and Summary
The court was required to determine the appropriate parenting orders, specifically addressing issues of parental responsibility for major long-term decisions, the child's living arrangements, and the nature and extent of the Father's time with the child. Additionally, the court considered orders relating to the child's passport and removal from an airport watchlist.
O'Shannessy J ordered that all previous parenting orders be discharged. The Mother was granted sole parental responsibility for X's education, health, and religious and cultural upbringing, with specific requirements for her to inform and consider the Father's input on major long-term decisions. X was ordered to live with the Mother, and the Father's time with X was to be limited to four times per year, professionally supervised, with the Father to nominate the service and bear all associated costs. The Mother was permitted to obtain X's passport without the Father's consent, and any order placing X on the airport watchlist was discharged. The Independent Children's Lawyer's appointment was discharged upon the provision of the orders and reasons.
Orders
Orders of the court
MLC 10983 of 2018
BETWEEN:
MR THON
Applicant
AND:
MS SAELIM
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
20 AUGUST 2021
THE COURT ORDERS THAT:
1. All previous parenting orders be discharged
2. The Mother, Ms Saelim ("the Mother"), have sole parental responsibility for the major long-term issues of education, health and religious and cultural upbringing of X born 2016 ("X") and, save in emergency, before making a decision about those matters the Mother, if possible:
(a) inform the Father, Mr Thon ("the Father"), of the major long-term decision she intends to make regarding X; and
(b) take into account any timely input the Father makes about that decision; then
(c) make the decision and inform the Father of her decision.
3. X live with the Mother
4. X spend time with the Father up to four times per year professionally supervised by a privately retained professional contact service centre of not less than two hours, that service be nominated by the Father and all costs associated with same be paid by the Father.
5. Upon the Father nominating the contact service, the parents do all acts and things to engage with that service and comply with all reasonable requests of the supervised contact service to facilitate the Father's time with X.
6. The Mother be permitted to obtain X's passport pursuant to section 11 of the Australian Passports Act 2005 without the Father's consent and this order stand as any necessary authority for her to obtain the passport.
7. Any order placing X on the airport watchlist be discharged.
8. The Australian Federal Police remove the name of X from the airport watchlist at all points of international arrival and departure in Australia.
9. The appointment of the Independent Children's Lawyer is discharged after providing the orders made this day and the settled ex tempore reasons to the Father.
AND THE COURT NOTES THAT:
A. Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.
B. Pursuant to rule 16.05(2)(a) of the Federal Circuit Court Rules 2001, the Court may vary or set aside a judgment or order made in the absence of a party.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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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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