Hamidi and Allaway & Anor

This case concerned parenting orders for three children, D, B, and E, with the father seeking sole parental responsibility and orders for the children to reside with him. The dispute arose in the context of the Department of Family and Community Services' involvement with the youngest child, E, and expert evidence regarding the mother's mental health and parental capacity, including associated risks to the children. The court was required to determine the living arrangements and time spent with each parent, as well as the allocation of parental responsibility, with the paramount consideration being the best interests of the children.

The court was required to determine the legal issues of where the children should live and spend time, and who should hold parental responsibility, in light of expert evidence concerning the mother's mental health and potential risks to the children. The court also considered the procedural fairness afforded to the mother, who had left the court precincts on the date of the hearing, allowing the matter to proceed to an undefended final hearing.

Foster J reasoned that the need to protect the children from risk of harm by the mother was an overwhelming consideration. The court applied the principles of the best interests of the children in making orders appropriate to their ages. The father was granted sole parental responsibility, and the children were ordered to reside with him. The mother was granted supervised time with the children, with specific provisions for each child's age and evolving capacity, including the use of a contact centre and the potential for increased independence as they reached adolescence. The court also made orders regarding the practical arrangements for supervised contact, including the sharing of costs and the requirement for both parents to comply with the contact centre's policies and directions.

In addition to the parenting orders, the father was granted a costs certificate pursuant to the Federal Proceedings (Costs) Act 1981 in relation to a vacated hearing date.