GHASEMI & ZOKA

This matter concerned an application by Ms Ghasemi (the mother) and Mr Zoka (the father) regarding their child, K. The court was asked to make orders concerning the child's living arrangements, time spent with each parent, and communication between the child and the father. The parties sought orders that would regulate their parental responsibilities and the child's welfare.

The primary legal issues before the court were: (1) the determination of parental responsibility for the child; (2) the arrangements for the child to live with one parent; (3) the terms upon which the child would spend time with the other parent, particularly given the geographical distance between them; and (4) the mechanisms for maintaining communication between the child and the non-resident parent. Additionally, the court was required to consider orders preventing the child's removal from Australia.

His Honour Tree J made orders granting the mother sole parental responsibility and determining that the child would live with the mother. The father was granted liberty to spend time with the child in Australia, subject to specific notice requirements and limitations on the frequency and duration of visits. The court also established a framework for regular communication between the child and the father via Skype and telephone, with specific times and methods for initiating contact. Crucially, an injunction was granted, restraining the removal of the child from the Commonwealth of Australia until a specified date, with a request for the Australian Federal Police to place the child on the Family Law Watchlist to give effect to this order.