BASHIR & ELAMIN

In the matter of *Bashir & Elamin*, heard before Judge Obradovic, the dispute concerned final parenting orders and property adjustment following the breakdown of a relationship. The parenting proceedings involved allegations of family violence and high parental conflict, with the court required to determine the best interests of the child, X, born in 2016. In relation to property, the court was asked to consider an adjustment of interests in assets acquired both before and during the three-year relationship, given the significant earning capacities of both parties.

The court's reasoning in the parenting matter focused on the paramount consideration of the child's best interests. Despite the high level of conflict and allegations of family violence, the court ultimately made orders for equal shared parental responsibility. The child was ordered to live with the mother, Ms Elamin, and spend significant and substantial time with the father, Mr Bashir, with detailed provisions outlining the schedule for this time, including during school holidays and specific cultural and religious observances. The court also made orders regarding communication, information sharing, and parental conduct, including restraints on removing the child from Australia and contact with a specific organisation.

In respect of the property settlement, the court determined that no adjustment of property interests was warranted. The court found that the three-year relationship, coupled with the significant earning capacities of both parties and the acquisition of assets both pre- and post-relationship, meant that the existing property interests should remain as they were. The final orders discharged previous parenting orders and established the new parenting arrangements, with each party retaining sole entitlement to their respective assets, including real estate, vehicles, superannuation, shares, and bank accounts, with all other property to be retained by the party in possession.