Waheed & Shahid (No 2)

Case [2025] FedCFamC2F 214

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Waheed & Shahid (No 2) [2025] FedCFamC2F 214

File number(s): PAC 2058 of 2019
Judgment of: JUDGE NEWBRUN
Date of judgment: 20 February 2025
Catchwords: FAMILY LAW – PARENTING – Best interests of child – Orders made.   
Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CD, 60CE, 61D
Cases cited:

Banks & Banks (2015) FLC 93-637

Jollie & Dysart [2014] FamCAFC 149

Tibb v Sheean (2018) 58 Fam LR 351

Division: Division 2 Family Law
Number of paragraphs: 162
Date of hearing: 2-4 December 2024
Place: Parramatta
Counsel for the Applicant: Mr Anderson
Solicitor for the Applicant: Mokhtar Law
Counsel for the Respondent: Mr Clifton
Solicitor for the Respondent: Ark Law Lawyers
Counsel for the Independent Children's Lawyer: Ms Hayward
Solicitor for the Independent Children's Lawyer: Sydney West Family Lawyers

ORDERS

PAC 2058 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:

MS WAHEED

Applicant
AND:

MR SHAHID

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

20 FEBRUARY 2025

ON A FINAL BASIS THE COURT ORDERS THAT:

1.The child X born 2016 (“the child”) shall live with the mother.

2.The mother shall have sole decision-making responsibility for long-term decisions regarding the child.

3.The father may communicate with the child by forwarding to him letters and gifts on three occasions per year as follows:

(a)On the child’s birthday each year;

(b)At Eid Al Fitr;

(c)At Eid Al Adha.

4.For the purposes of Order 3:

(a)Within seven days the mother shall provide a postal address where the father can send the cards and/or gifts, and shall notify the father of any change to such postal address within seven days of the change occurring;

(b)The mother shall do all acts and things to ensure that the child receive such letters and gifts from the father, provided that the letters contain no denigration of the mother or another member of her family.

5.The requirement of consent of the father in relation to the application and maintenance of a current Australian passport for the child be dispensed with.

6.The Court requests that the Australian Federal Police remove the name of the child X born 2016, a male, from the Family Law Watchlist in force at all points of arrival in and departure from the Commonwealth of Australia.

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.

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AGLC
Waheed & Shahid (No 2) [2025] FedCFamC2F 214
Case
[2025] FedCFamC2F 214
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, Ms. Waheed and Mr. Shahid were engaged in a dispute concerning the best interests of their child, X, born in 2016. The applicant, Ms. Waheed, sought to have sole decision-making responsibility for the child and to restrict the respondent's, Mr. Shahid's, contact to limited, supervised interactions. The matter was heard by Judge Newbrun, who had to determine whether the proposed parenting arrangements were in the best interests of the child, taking into account the child's need for stability and the parents' respective roles in the child's upbringing.

The court had to decide whether it was in the child's best interests for him to live primarily with his mother, whether the mother should have sole decision-making responsibility for long-term decisions, and whether the father should be permitted limited contact under specific conditions. The court examined evidence from both parties and considered the child's welfare and the importance of both parents in his life. The court also needed to determine if the father's contact should be restricted to three specific occasions per year and whether the father's consent should be dispensed with in relation to the child's passport application. The court further needed to consider whether the child's name should be removed from the Family Law Watchlist.

Judge Newbrun found that the proposed arrangements were in the child's best interests. The court concluded that the child should live with his mother, and that the mother should have sole decision-making responsibility for long-term decisions. The court allowed the father limited contact on three occasions per year, subject to specific conditions to ensure the child's safety and well-being. The court also dispensed with the father's consent for the child's passport application and requested that the Australian Federal Police remove the child's name from the Family Law Watchlist. These orders aimed to balance the child's need for stability and the importance of both parents in his life.

Orders

Orders of the court

PAC 2058 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS WAHEED

Applicant

AND:

MR SHAHID

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

20 FEBRUARY 2025

ON A FINAL BASIS THE COURT ORDERS THAT:

1. The child X born 2016 (“the child”) shall live with the mother.

2. The mother shall have sole decision-making responsibility for long-term decisions regarding the child.

3. The father may communicate with the child by forwarding to him letters and gifts on three occasions per year as follows:

(a) On the child’s birthday each year;

(b) At Eid Al Fitr;

(c) At Eid Al Adha.

4. For the purposes of Order 3:

(a) Within seven days the mother shall provide a postal address where the father can send the cards and/or gifts, and shall notify the father of any change to such postal address within seven days of the change occurring;

(b) The mother shall do all acts and things to ensure that the child receive such letters and gifts from the father, provided that the letters contain no denigration of the mother or another member of her family.

5. The requirement of consent of the father in relation to the application and maintenance of a current Australian passport for the child be dispensed with.

6. The Court requests that the Australian Federal Police remove the name of the child X born 2016, a male, from the Family Law Watchlist in force at all points of arrival in and departure from the Commonwealth of Australia.

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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