VAZIRI & MADDISON

[2014] FamCA 897

FAMILY COURT OF AUSTRALIA

VAZIRI & MADDISON [2014] FamCA 897

FAMILY LAW – CHILDREN – Interim Parenting – Application filed while children were visiting Australia on holiday – where children ordinarily resident in New Zealand – best interests of child resident in another country

Family Law Act 1975 (Cth) ss 63, 67ZC, 68B

De L v  Director-General, New South Wales Department of Community Services (1996) 187 CLR 640
Pascarl & Oxley (2013) FLC 93-536
Zanda & Zanda [2014] FamCAFC 173
ZP v PS (1994) 181 CLR 639

APPLICANT: Mr Vaziri

RESPONDENT: Ms Maddison

FILE NUMBER: PAC 4807 of 2014

DATE DELIVERED: 21 October 2014

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 20 October 2014

REPRESENTATION

SELF-REPRESENTED LITIGANT: Mr Vaziri

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT:

Ms Cantrall

Ms Boldiston of Bankstown Legal Aid

Orders

1. That pursuant to s 67ZC of the Family Law Act 1975 the children of the relationship, namely:

   (a)       S; and

   (b)       T;

   born … December 2000 (“the children”) are to be returned to New Zealand.

2. That by way of implementation of Order (1), the children’s names are to be removed from the Airport Watchlist in force at all points of arrival and departure in the Commonwealth of Australia forthwith.

3. That the mother is to provide the following Undertaking to the Court:

   (a)That I will cooperate with the orderly conduct of the proceedings including returning to Australia with the children for the purposes of the preparation of a family report.

1. That the father is to provide the following Undertaking to the Court:

   (a)That I will pay for the costs associated with the mother and the children’s return to Australia in the event that a family report is ordered

2. Father’s application for Interim Orders is dismissed.

Notation

1. The mother intends to take steps to commence family law proceedings in New Zealand (including attending to any necessary pre-action procedures) within 28 days of the date of these Orders.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Vaziri and Maddison has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 4807 of 2014

Mr Vaziri

Applicant

And

Ms Maddison

Respondent

REASONS FOR JUDGMENT

Introduction

1. S and T are twin girls who are almost 14.  They have been living in New Zealand for the last five years since their parents separated and for lengthy periods before that time with their mother.

2. They came to Australia with their mother, approximately three weeks ago to spend some time with their father during the school holidays.  Without any prior notice the father cancelled the children’s return air tickets and their names have been placed on the airport watch list, which means that they cannot be removed from Australia.

3. At around the same time as cancelling the air tickets, the father brought a parenting application, including seeking final orders that he and his wife exercise…