ADAMI & ADAMI

In the matter of ADAMI & ADAMI, heard by Judge Harman, the dispute concerned parental responsibility and living arrangements for the child, X. The mother sought orders regarding X's care, while the father objected to the admission of certain correspondence.

The court was required to determine the appropriate orders for parental responsibility, where X would live, and the nature and extent of X's time with the father. A secondary issue arose concerning the admissibility of correspondence between the parties' legal representatives, which was marked "without prejudice save as to costs," under section 131 of the Evidence Act 1995.

Judge Harman reasoned that the correspondence, being communications made in connection with an attempt to negotiate a settlement, was inadmissible under section 131(1)(b) of the Evidence Act 1995, as no exceptions to this rule applied. The court then made orders pursuant to section 61C of the Family Law Act 1975, granting each parent parental responsibility for X when X is in their care. X was ordered to live with her mother and spend time with her father each Saturday from 9:00 am to 5:00 pm. The father was directed to arrange for one of his parents or his sister to collect X and return her, and X's time with the father was to occur at the paternal grandparents' home with one of them or his sister present at all times.