GULIZAR & GULIZAR

In the matter of *Gulizar & Gulizar*, Loughnan J of the Family Court of Australia considered applications concerning the parental responsibility and living arrangements for four children. The father sought equal shared parental responsibility, while the mother sought sole parental responsibility. The dispute also involved the children's living arrangements, with the father seeking for the two younger children to live with him, and the mother seeking for all children to live with her. Serious allegations of family violence were made against the father by all the children.

The court was required to determine whether it was practicable for the parents to have equal shared parental responsibility and, if not, what orders were in the best interests of the children regarding parental responsibility and their living arrangements. The court also had to consider the Independent Children’s Lawyer's application for costs against both parents.

Loughnan J found that due to the parents' poor communication, it was not practicable for them to have equal shared parental responsibility. Considering the best interests of the children, and noting the agreement of the Independent Children’s Lawyer and the Department of Family and Community Services that the two younger children should live with the mother, the court ordered that the mother have sole parental responsibility for all four children and that they live with her. The court further ordered that the elder two children communicate or spend time with the father only in accordance with their wishes, and that any communication or time between the father and the two younger children be under conditions agreed upon in writing by the parents. Regarding costs, the court ordered the father to pay half of the Independent Children’s Lawyer's costs, dismissing the application for costs against the mother due to insufficient evidence of her financial circumstances.