In cases where your partner’s abusive behaviour poses an unacceptable risk to the safety and welfare of your child, the Court may make orders to protect the child, including ordering that the child spends no time with the abusive parent. This was recently demonstrated in the case of Ramzi & Moussa [2022] in the Federal Circuit and Family Court of Australia, which brought to light the devastating impact of family violence on a young child.
At Rowan Skinner & Associates Lawyers, we are an experienced child custody lawyer in Melbourne who understand the complexities of family law, especially in cases involving family violence. We are here to guide you through the legal process and act in the best interests of your child’s future.
If you would like to know more about the rules around child custody and access in Victoria, check our latest blog here.
The Case | Child Custody Lawyer Melbourne
The case of Ramzi & Moussa involved a relationship marked by extreme violence, control, and coercion. The Father, Mr. Ramzi, subjected the Mother, Ms. Moussa, to extreme acts of violence, abuse, control and coercion, which also negatively impacted their four-year-old son.
The relationship began as an arranged marriage overseas in 2013, organised by the Father and the Mother’s paternal uncle and aunt. Ms. Moussa claimed had no free will in agreeing to the marriage, which was consummated when she was around 17 years old, as she had not yet met Mr. Ramzi. The parties were married overseas in a religious ceremony in 2013 and began the immigration process to Australia thereafter.
During the marriage, the Mother claimed to be subjected numerous abusive acts, which the court largely accepted including:
- Forced sexual intercourse
- Sexual assault
- Physical assault
- Forbidding her to access a bank account in her name
- Confiscation of phone
- Locking her in her room
- Not providing her food
- Control of education and employment, not allowing her to learn English
- Property damage
- Threats to kill
In 2017, the marriage produced one child, who, according to the Mother, was exposed to and experienced family violence at the hands of the Father.
The Court’s Approach and Final Orders
The Family Court ideally wants children to have a meaningful relationship with both parents. However, the Court must account for each parents’ capacity to have a meaningful relationship with the child and whether there is a benefit of the child having a relationship with both parents. Section 60CA of the Family Law Act 1975 (Cth) dictates that when making a parenting order, the Court must do what is in the best interest of the child.
In the case of Ramzi and Moussa, the Court recognised the high risk of physical and mental harm to both the Mother and the child if the Father were to maintain contact. Thus, the Court ordered the Mother to have sole parental responsibility. This decision was based on her role as the primary caregiver and the significant risk of physical and emotional harm to both her and the child due to the Father’s abusive behavior. Additionally, the Court determined that there was no meaningful benefit for the child to maintain a relationship with the Father.
The final court order restrained the Father from communicating with or coming within 100 metres of the Mother or child aside from communication with the Mother regarding the child’s education and health and a message from the Father to the child on their birthday.
Seek Support from an Experienced Child Custody Lawyer
If you or someone you know has been impacted by family violence, it’s essential to seek legal support to protect your rights and your child’s well-being. At Rowan Skinner & Associates Lawyers, we have over 30 years of experience in family law, and we are committed to providing compassionate and effective legal representation.
As an Accredited Family Law Specialist, Rowan Skinner is well-equipped to handle complex child custody cases, especially those involving family violence. If you would like to discuss your family law matter, please contact Rowan Skinner at our office on (03) 9995 9155 for a non-obligatory consultation.
We service clients in Melbourne, Melbourne Northern Suburbs, such as Northcote, Alphington, Carlton, Fitzroy, North Fitzroy, Kew and Heidelberg, as well as South Melbourne and South Yarra. For more information, visit our website or check out our latest blog on family dispute resolution.
Case: Ramzi & Moussa [2022] FedCFamC2F 1473 (4 November 2022)
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.