DAMANI & DAMANI (No.3)

In the matter of DAMANI & DAMANI (No.3), Judge Harland of the Federal Circuit and Family Court of Australia considered an application by the father seeking final parenting orders, including an injunction against the mother's partner. The dispute arose in a high-conflict separation involving two children, [X] and [Y], and concerned arrangements for their care and contact with each parent.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and time spent with each parent. A key legal issue was whether an interim injunction restraining the mother's partner from contact with the children should be made final, and what final orders would best serve the children's welfare in light of the high conflict between the parents and the separation of the siblings' living arrangements.

Judge Harland applied the principles of the *Family Law Act 1975* (Cth), prioritising the best interests of the children. The court found that equal shared parental responsibility was appropriate, but ordered that [X] live with the father and [Y] live with the father for specific periods and with the mother for other periods, effectively separating the siblings' primary residences. The court also made detailed orders for time spent with each parent during school terms, school holidays, and special occasions, including Christmas and Easter, and addressed the father's request for an injunction by making specific orders regarding the children's living arrangements and time with each parent, which implicitly addressed the concerns that led to the interim injunction.

The court made final orders reflecting these determinations, establishing a complex schedule for the children's living arrangements and time with each parent, and outlining specific provisions for holidays and special occasions. The orders did not include a final injunction against the mother's partner, but rather established a detailed parenting regime designed to manage the high conflict and the separation of the siblings.