Zahier and Al Mahod

[2010] FamCA 26

FAMILY COURT OF AUSTRALIA

ZAHIER & AL MAHOD [2010] FamCA 26

FAMILY LAW – CHILDREN – Airport watch list – Orders made in after hours service and ex parte – Father failed to comply with requirements to file application – Parties not before the Court – Previous orders discharged – Registrar to be notified of orders

APPLICANT: MR ZAHIER

RESPONDENT: MS AL MAHOD

FILE NUMBER: MLC 7829 of 2007

DATE DELIVERED: 18 JANUARY 2010

PLACE DELIVERED: MELBOURNE

PLACE HEARD: MELBOURNE

JUDGMENT OF: YOUNG J

HEARING DATE: 18 JANUARY 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: NO APPEARANCE

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: NO APPEARANCE

SOLICITOR FOR THE RESPONDENT:

Orders

IT IS ORDERED:

1. THAT the ex parte order pronounced by Burr J, in the after-hours service, on 14 December 2009 be forthwith discharged.

2. THAT the Court notify the Australian Federal Police of this Order and the removal from the Airport Watch List of the name of the child S born … January 2009 be forthwith removed from the Airport Watch List in force at all points of arrival and departure within the Commonwealth of Australia.

3. THAT a copy of this Order be forthwith provided to Registrar Field to make such further investigations or notifications as may be required.

4. THAT otherwise the Form 2 application filed by the father (on either 14 December 2009 or 14 January 2010) be dismissed.

5. THAT the extempore reasons for judgment be transcribed, be placed upon the Court file and be made available to the father.

IT IS NOTED that publication of this judgment under the pseudonym Zahier v Al Mahod is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 7829 of 2007

MR ZAHIER

Applicant

And

MS AL MAHOD

Respondent

REASONS FOR JUDGMENT

1. The matter of Zahier & Al Mahod has been made returnable before me as a duty judge in Melbourne this day.  As background, and in the after hours service, this matter came before Burr J on 14 December 2009 at which time his Honour was convinced to make an ex parte order placing the name of a very young male child, S, born in January 2009, upon the airport watch list.  The respondent to that application was Ms Al Mahod, and she is the mother of that child.  There was a suggestion before his Honour that she intended to take the child to Iran on that very evening and had the child’s passport.

2. That restriction upon removal from Australia order was made and the Federal Police were to be provided with notice.  What is of significance is that within two days, the applicant father was to file with the court a parenting order application and serve that upon the mother.  That did not occur.  Otherwise, the matter was to be listed in the Melbourne Registry before a judge on 17 December of last year and that did not occur, for reasons of which I do not know and cannot fathom.  For the purposes of that after hours mention, the Registrar was located in Sydney, and seemingly documents were not sent to the Melbourne Registry of the court.

3. There is a background to this matter that likewise is difficult to understand by way of a court file.  I was provided with a Melbourne file, MLF 7829 of 2007, and clearly that file was identified to Burr J at the time of making the orders.  There is reference to a file AHS file 1412 of 2009.  When I look at the past proceedings in this court, there is another mother of another child, Ms N, and that is a different person and clearly of a different relationship.  Presumably this new relationship which gave birth to the young male child has not been the subject of any known proceedings in the Family Court, or other court, though those matters do need to be confirmed by a court officer.

4. As such, and as the mother is not the person identified in previous court proceedings, I do not have any address for service of any amended order.  Indeed, I have no notice on the court file that she has any knowledge of the previous order having been made.  I am uncertain how any meaningful notification can be given to her of any order to be made this day.  The father has failed in complying with court orders.  He did not file the documents required.  I see no reason on the material before the court to allow this airport watch list order to remain, and I intend therefore to discharge the order made after hours and on an ex parte basis by Burr J.  It would be appropriate for the court to advise the Australian Federal Police.

5. I will have these orders served upon the father and the Registrar of the Family Court in Melbourne to follow up appropriate notice of notification or other issues that may arise there from.

I certify that the preceding paragraphs are
a true copy of the reasons for judgment herein
of The Honourable Justice Young

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Associate: