Ahmed and Jeret

Rees J made orders concerning the children B and C, determining that they would live with the mother. The dispute involved parental responsibility, the time the children would spend with the father, schooling arrangements, special occasions, school holidays, overseas travel, and ongoing counselling for the parents and children.

The court was required to determine the appropriate living arrangements for the children, the extent of the mother's sole parental responsibility, and the conditions and progression of the father's time with the children. Further issues included the children's schooling, arrangements for special occasions and school holidays, overseas travel permissions, and the necessity for ongoing therapeutic interventions for all parties involved.

Rees J's reasoning was informed by expert evidence from Dr I, who assessed the father's capacity to meet the children's emotional and psychological needs as deficient, necessitating limitations on his time with them. The court considered the importance of the children maintaining their cultural and religious heritage from Country Z through their paternal family, while also acknowledging the mother's differing religious views. The father's past wilful and irresponsible behaviour, including a lack of insight into its impact, was a significant factor. Despite concerns about the father's need for control, Dr I's evidence indicated the father could behave appropriately with the children under professional supervision. The orders reflect a staged approach to increasing the father's time with the children, contingent on supervision and the paternal grandmother's undertaking to provide it.

The court ordered that the children live with the mother and that she have sole parental responsibility, subject to specific notification and consideration requirements for the father regarding significant decisions. The father's time with the children was to be supervised, with a gradual increase in duration and a reduction in the level of supervision over time, commencing in December 2016 and progressing through to September 2019. The orders also stipulated schooling arrangements, provisions for special occasions and school holidays, and permitted the mother to travel overseas with the children under certain conditions. Further orders mandated ongoing counselling for the mother, father, and children, and required an assessment of one of the children by a therapist.