Daher & Saliba and Anor 2014 FamCA 392

The mother was aged 15 years when she married, with the marriage being registered three year later (young parent).

After the parents separated, three children aged 17, 14 and 7 years had lived with the father but were removed from the father’s care by the child protection Department following incidents of physical abuse of the children.

The mother stated that it was not possible under Islamic law and culture for her to resume care of the children as she had remarried.