HAMOUD & TESUT

In the matter of *Hamoud & Tesut*, Berman J of the Family Court of Australia considered final orders concerning the parenting of a child and the division of property between the parties. The parenting dispute involved an application for international relocation of the child to the Middle East with the father, which was opposed by the mother. The property dispute concerned the alteration of property interests between the husband and wife.

The court was required to determine whether international relocation of the child to the Middle East with the father was in the child's best interests, particularly in light of the child's history of abandonment by both parents at a young age and the potential for the relocation to not promote a meaningful relationship with the mother. Additionally, the court had to consider whether the proposed relocation might be based on a fantasy and whether it would ultimately serve the child's welfare. In relation to property, the court was tasked with determining a just and equitable division of the parties' assets, taking into account their respective contributions.

Berman J reasoned that relocating the child to the Middle East with the father would not be in the child's best interests, as it would not foster a relationship with the mother and could be based on unrealistic expectations. Consequently, the court ordered that all previous parenting orders be discharged, that the husband have sole parental responsibility for the child, and that the child live with the husband. The court also granted an injunction restraining the husband from relocating the child from Australia and placed the child on the Family Law Watchlist. In terms of property, the court ordered that the husband receive 80 per cent of the total asset pool, with the wife receiving 20 per cent, which included a settlement sum of $107,437 to be paid by the husband to the wife. The court also made detailed orders regarding the division of specific assets and liabilities, and the process for their transfer.