Al Fawal and Anor and Fezier

In the matter of *Al Fawal and Anor and Fezier*, heard before Dessau J, the applicants sought orders concerning a child born in February 2002. The dispute centred on the residence of the child, parental responsibility, and the mother's contact with the child, as well as the ability of the applicants to obtain a passport for the child.

The court was required to determine whether to grant the applicants sole parental responsibility for the child, establish the child's residence with the applicants, and make orders regarding the mother's future contact with the child. Further, the court had to consider whether to permit the applicants to obtain a passport for the child without the mother's consent and whether to restrain the mother from allowing the child contact with a specific individual, Mr H.

Dessau J ordered that the child reside with the applicants, Mr Al Fawal and Ms Palmer, and that they have sole parental responsibility. The question of the mother spending time with the child was reserved, with any such contact to be supervised to the applicants' satisfaction. Crucially, the mother was restrained from bringing the child into contact with Mr H. The applicants were also permitted to obtain a passport for the child in the absence of the mother's consent. The application filed on 30 August 2007 was otherwise dismissed. The court also made orders pursuant to s 65DA(2) and s 62B of the relevant legislation, detailing the obligations, consequences of contravention, and assistance available for compliance, which were to be set out in an attached Fact Sheet. Service of the orders on the mother was to be arranged by the applicants.