Bashir & Bashir (No 2)

In *Bashir & Bashir (No 2)*, the Federal Circuit Court of Australia considered an application by a father seeking interim parenting orders concerning his two children, X (born 2009) and Y (born 2012). The dispute arose from the mother's alleged failure to facilitate time with the father as previously ordered, leading the father to seek a recovery order.

The central legal issue before the Court was whether interim orders should be made to change the children's primary residence to the father, given the mother's non-compliance with existing parenting arrangements. The Court was required to determine the best interests of the children in the context of the mother's conduct.

Judge O'Shannessy reasoned that the mother's failure to facilitate time with the father warranted a significant change to the interim parenting arrangements. The Court applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the child, finding that it was in the children's best interests to live with the father on an interim basis. The Court made orders for the children to live with the father, for the father to collect them from school, and restrained the mother from removing them. The father was also ordered to serve the orders on the mother and the school. The father's costs were reserved, and all extant applications were adjourned.