Badri & Faizin

In the matter of MLC 4204 of 2021 before O'Shannessy J, Ms Badri (the mother) and Mr Faizin (the father) were the parties involved in a dispute concerning parenting orders for their three children, X, Y, and Z. The court was required to determine the arrangements for the children's living situation, time spent with each parent, and various other aspects of their care and welfare.

The court was tasked with determining the extent of parental responsibility, the primary residence of the children, and the specific arrangements for their time with each parent, including during school holidays and significant cultural or religious days. Additionally, the court needed to address the practicalities of changeovers, the management of the children's medical and educational needs, communication protocols between the parents, and the provision of support services such as family therapy and individual psychological counselling. The court also considered the independent representation of the children and the potential implications of family violence allegations.

O'Shannessy J ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the children. The children were ordered to live with the father, with specific provisions for their time spent with the mother, including weekend and weekday arrangements, as well as special provisions for Ramadan and Eid days. The court also detailed specific procedures for changeovers, including location and conduct, and stipulated that the father was not to attend at or nearby the mother's collection of Z on Fridays. Further orders addressed the parents' obligations regarding the children's medical and educational needs, including attending appointments, administering medication, and participating in agreed extra-curricular activities. The parents were also ordered to keep each other informed of significant health issues and to share medical costs equally. Communication between parents was to be limited to SMS or email concerning the children's care and welfare, and both parents were restrained from denigrating the other parent or their extended family in the presence or hearing of the children. The court also mandated family therapy for the mother and two of the children, individual psychological support for the mother, and a one-off psychology session for the father. Crucially, the court ordered that the children be independently represented pursuant to s.68L(2) of the *Family Law Act 1975*, requesting Victoria Legal Aid to arrange such representation and outlining the responsibilities of the independent children's lawyer. The matter was listed for a further hearing.