Beshara & Halim

In the matter of Beshara & Halim, heard before Young J, the dispute concerned parenting orders for a child born in 2015. The applicant, Ms Beshara, and the respondent, Mr Halim, sought to establish arrangements for their child's upbringing, including shared parental responsibility, living arrangements, and time spent with each parent.

The court was required to determine the extent of shared parental responsibility, the specific living arrangements for the child, and the nature and frequency of the time the child would spend with the father. Additionally, the court needed to address the father's understanding and management of the child's sleep apnoea, including the use of a CPAP machine, and to establish communication protocols between the parents and with the child. The court also considered the need for therapeutic support for the mother and parenting programs for both parents.

The court ordered that the parents share parental responsibility for the child, with specific provisions for decision-making on major long-term issues, including a 14-day consultation period for the father, with the mother permitted to make a decision unilaterally if the father failed to respond. The child was ordered to live with the mother. The father was directed to consult medical practitioners regarding the child's sleep apnoea and to familiarise himself with the operation of the child's CPAP machine before any overnight stays. The court also outlined a detailed schedule for the child to spend time with the father, including periods in Darwin and later in Queensland, with specific notice requirements and travel arrangements. Further orders included regular communication between the child and the father, mandatory completion of parenting programs by both parents, and therapeutic support for the mother. An injunction was issued restraining the father from seeking further diagnoses of the child's sleep apnoea without the mother's written agreement. The parties were ordered to share the costs of the independent children's lawyer, with a specific cost order against the father in relation to his application for the lawyer to cease acting.