AKBAR & AKBAR

In the matter of *AKBAR & AKBAR*, Foster J of the Family Court of Australia considered a dispute between the parents, Ms Akbar (the mother) and Mr Akbar (the father), concerning the best interests of their child, B. The central conflict revolved around allegations of family violence made by the mother, which the father denied. The court was required to determine the appropriate parenting arrangements for B, specifically whether any time or communication should occur between B and the father, and to consider an application for costs made by the Independent Children’s Lawyer (ICL).

The legal issues before the court included the paramount consideration of B's best interests, particularly in light of significant and serious allegations of family violence. The court had to assess the credibility of the parties' evidence regarding family violence, determine the impact of such violence on B's wellbeing, and consider the ICL's proposal for limited contact. Furthermore, the court was tasked with determining whether the father should contribute to the ICL's costs, taking into account the parties' financial circumstances and the general principles governing costs orders in family law proceedings.

Foster J found that objective evidence strongly supported the mother's contentions of family violence, leading the court to prefer her evidence over the father's. The father's failure to acknowledge the mother's anxiety or fear, coupled with a significant period of no contact and limited supervised time with B, weighed heavily in the court's assessment. The court concluded that any time or communication between B and the father would likely cause the mother significant anxiety and have a detrimental effect on B's psychological wellbeing, leading to conflict. Consequently, the court ordered that B live with the mother and have sole parental responsibility. No time or communication was to occur between B and the father, save for the father being permitted to send birthday cards and presents annually via a postal address provided by the mother. The court also ordered the father to pay one half of the ICL's costs, totalling $10,140.00, to Legal Aid NSW within three months.