Dallal and Chin and Anor

In the matter of *Dallal and Chin and Anor*, Judge Burchardt of the Federal Circuit and Family Court of Australia considered parenting and property disputes between the mother and father. The primary dispute concerned the children's residence, with both parents seeking primary care. The father's family is described as close-knit and devoutly Muslim, and the mother had converted to Islam to marry the father, undertaking to raise any children in the Islamic faith. The mother's allegations of coercive behaviour were not established. Since their separation in 2019, the children have lived with the mother, who has always been their primary carer. The court also addressed the division of property, where the father was the registered proprietor of two investment properties, which he claimed were held on trust for his mother.

The court was required to determine the parenting arrangements for the two children, born in 2014 and 2017, and to make orders regarding the division of the parties' property. Specifically, the court needed to decide which parent should have sole parental responsibility and where the children should live, as well as the nature and extent of the father's time with the children. In relation to property, the court had to determine the beneficial ownership of the two investment properties and whether they formed part of the matrimonial asset pool, or if they were held on trust for the father's mother.

On the parenting issue, the court accepted the Independent Children's Lawyer's recommendations and made orders for the mother to have sole parental responsibility and for the children to live with her. The father was granted significant, albeit structured, time with the children, with detailed provisions for weekends, school holidays, and special occasions, including communication via FaceTime or telephone. The court also made orders concerning changeovers, the protection of the mother's address, and the parents' conduct towards each other and the children, including prohibitions on physical punishment and denigration. Regarding the property dispute, the court accepted the father's position that the two investment properties were held on trust for his mother, despite some anomalies. Consequently, the court ordered that there be no further property adjustment between the parties, with each party retaining their possessions and being declared the sole legal and beneficial owner of property in their possession.