Atiyeh and Hakimi

This matter concerned an application by the father, Mr. Atiyeh, and the mother regarding their child, Z, born in December 2004. The dispute centred on arrangements for parental responsibility, time spent with each parent, and related matters concerning the child's welfare and decision-making. The court was required to make orders addressing these issues.

The court was tasked with determining the extent of sole parental responsibility, the nature and frequency of the child's time with each parent, and specific provisions for communication and decision-making regarding the child's long-term future and medical care. Additionally, the court needed to consider measures to prevent the child's removal from Australia and to ensure compliance with its orders.

Le Poer Trench J made orders granting the mother sole parental responsibility for Z, with the father to be invited to provide his views on decisions concerning Z's long-term future and for those views to be taken into account. The orders detailed specific arrangements for Z to spend time with the father, including alternate weekends during school terms, specified periods during school holidays, and Father's Day. The court also made provisions for telephone contact, collection and return arrangements, and requirements for the father to provide Z with her own bedroom and to be predominantly available when spending time with her. Further orders imposed restrictions on the father regarding physical discipline, the medical practitioners Z could see, and the requirement to advise the mother of dental treatment details. The mother was granted the ability to suspend contact if she had reasonable grounds to suspect breaches of the medical or discipline orders. Crucially, the father and any other person were restrained from removing Z from Australia, and the Australian Federal Police were requested to place Z on the Airport Watch List. All outstanding applications were dismissed, and the proceedings were removed from the list of cases awaiting finalisation.