FEDERAL CIRCUIT COURT OF AUSTRALIA
| ZANDA & ZANDA | [2014] FCCA 1326 |
| Catchwords: FAMILY LAW – Parenting – jurisdiction to make Airport Watchlist Order – respondent restrained from leaving the Commonwealth of Australia – order for parties to cause the return of children from Lebanon to the Commonwealth of Australia – referral of papers to investigate Centrelink claims and citizenship. |
| Legislation: Family Law Act 1975, ss.69E, 114 International Convention on the Rights of the Child, article 9 |
| Cowling & Cowling [1998] FamCA 19 Waugh & Waugh (2000) FLC 93-052 Mullin & De Bry (2006) FLC 93-293 Karim v Khalid (2007) 38 Fam LR 300 JJT & CTT [2004] FamCA 1104 |
| Applicant: | MS ZANDA |
| Respondent: | MR ZANDA |
| File Number: | PAC 1889 of 2014 |
| Judgment of: | Judge Harman |
| Hearing date: | 13 June 2014 |
| Date of Last Submission: | 13 June 2014 |
| Delivered at: | Parramatta |
| Delivered on: | 2 July 2014 |
REPRESENTATION
| Solicitors for the Applicant: | Legal Aid NSW Bankstown |
| Counsel for the Respondent: | Mr Heazlewood of Counsel |
| Solicitors for the Respondent: | Elie Rahme & Associates |
ORDERS
The wife shall advise the husband forthwith upon her…
Continue reading Zanda and Zanda
Sign in free to access the full text
- AGLC
- Zanda and Zanda [2014] FCCA 1326
- Case
- [2014] FCCA 1326
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific steps and timelines for facilitating the children's travel, including the provision of necessary information and the booking and payment of flights. Additionally, the court considered the discharge of existing travel restrictions imposed on both parties and the referral of certain documents to government departments. The court also needed to set a schedule for future hearings, including the filing of evidence and the participation of the parties in family dispute resolution and a child-inclusive conference.
Judge Harman made detailed orders concerning the children's travel, stipulating that the wife would arrange and pay for the flights once the husband confirmed he had sufficient funds. The orders outlined a clear process for the husband to provide travel details and for the wife to book economy fares. In the event of the husband's non-compliance, the wife was granted liberty to make her own travel arrangements. The court also discharged previous orders that had placed both parties on the Airport Watch List, contingent on the children's arrival in Australia. Further orders directed the referral of case documents to the Department of Immigration and Citizenship and the Department of Human Services, and scheduled a final hearing, interim hearing, and a child-inclusive conference, with specific directions for evidence filing and participation in family dispute resolution.
Orders
Orders of the court
1.
The wife shall advise the husband forthwith upon her being in possession of funds sufficient to meet airfares for each of the children T born (omitted) 2001, U born (omitted) 2003 and V born (omitted) 2005 together with one accompanying adult to travel from (omitted), Lebanon to Sydney, Australia.
2.
Within 48 hours of being advised by the wife of her holding such funds the husband shall advise the wife of the arrangements that have been made by him to secure the travel of T, U and V to the Commonwealth of Australia including:
(a) The name of the person who will be travelling and accompanying the children;
(b) The flights proposed to be organised and the cost of same including departure time from (omitted), arrival time at Sydney and flight number and airline details;
(c) The full name, date of birth, passport number and other relevant information with respect to the accompanying adult.
3.
Forthwith upon receipt of the above information Ms Zanda shall arrange, book and pay for the flights nominated, such flights to be booked as economy fares.
4.
In the event the husband shall fail, neglect or refuse to provide advice to the wife of the above matters, then forthwith upon the expiration of the period of 48 hours from the wife’s advice to the husband, the wife shall be at liberty to make such arrangements as she may desire to cause the three children, T, U and V to travel from (omitted), Lebanon to Sydney, Australia and accompanied by such person or persons as she may desire and arrange.
5.
Each of the husband and the wife shall forthwith do all things, sign all documents and give all consents and authorities necessary to enable, permit and cause the children T, U and V to be delivered into the Commonwealth of Australia no later than 12noon Friday 18 July 2014.
6.
Orders 1-5 of the Orders made by consent 19 May 2014 (being Orders restraining Ms Zanda born (omitted) 1981 from leaving the Commonwealth of Australia and requesting that her details be recorded upon the Airport Watch List to secure compliance with that Order) are discharged.
7.
Request a copy of these Orders be forwarded forthwith to the Marshall of the Federal Circuit Court of Australia and to the Australian Federal Police together with a request that Ms Zanda be forthwith removed from the Airport Watch List.
8.
Orders 2 of the Orders made 28 April 2014 (being Orders restraining the husband Mr Zanda born (omitted) 1975 from leaving the Commonwealth of Australia and requesting that he be placed upon the Airport Watch List) shall be discharged forthwith upon arrival into the Commonwealth of Australia of each of the children T, U and V.
9.
Request a copy of the Judgment delivered 2 July 2014 and the documents filed by the parties in these proceedings be referred to the Department of Immigration and Citizenship.
10.
Request a copy of the Judgment delivered 2 July 2014 and the documents filed by the parties in these proceedings be referred to the Department of Human Services (Centrelink).
11.
List these proceedings for Final Hearing 7-9 October 2014 inclusive (and to continue until completed).
12.
Each party shall file and serve all Affidavit material upon which they propose to rely at hearing same to be filed and served no later than close of business 20 September 2014 and any material filed after that date shall not be read (subject only to a right to counsel for each party to make further submissions with respect to the issue).
13.
Each party shall no later than close of business 18 July 2014 file and serve:
(a) A Minute of Interim Orders (if any) proposed by them; and
(b) One Affidavit each setting out all material relied upon by them with respect to interim issues.
14.
Pursuant to section 13C of the Family Law Act 1975 the parties and each of them shall forthwith and within seven (7) days contact the intake officer of the Legal Aid Commission Early Intervention Unit for the purpose of arranging and attending the first available and offered intake appointment for the assessment of suitability for Family Dispute Resolution and, subject to the assessment of suitability, each party shall then attend at such times, dates and places as may be advised to participate in and complete Family Dispute Resolution, such Family Dispute Resolution to occur if at all possible on or before 25 July 2014.
15.
Adjourn the proceedings for interim hearing to 9.30am 29 July 2014.
16.
Pursuant to s.11F of the Family Law Act 1975, the parties are directed to attend with a Family Consultant for the purpose of a Child Inclusive Child Dispute Conference at 9.00am on 7 August 2014 and:
(a) The parties shall continue to attend at such times, dates and places as the consultant may advise;
(b) The parties and each of them shall do all things necessary to ensure the attendance of their children the subject of these proceedings to attend at the conference and to be available to meet with the Family Consultant;
(c) The Family Consultant is requested to provide to the Court (and if, in the Consultant’s view it is appropriate to do so, the parties) a memo outlining and reporting on:
(i) Any agreement reached between the parties;
(ii) The issues raised by the parties and which will require determination by the Court;
(iii) Any views or opinions expressed by the children interviewed and any comment regarding the factors perceived to influence or impact upon those views and opinions or otherwise relevant to same;
(iv) Any recommendations by the Consultant including as to Case Management, referral to external (community based or private) services and/or programs and resources to be allocated to the matter including but not limited to expedition, Independent Children’s Lawyer and/or full Family Report or Part 15 experts report.
17.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.