IDONI & SOHRAB

In the Family Court of Australia, Berman J heard an application concerning the parenting arrangements for three children. The mother sought orders for equal shared parental responsibility and equal shared time with the children, a proposal opposed by the father. The children had expressed their views to a family consultant, who did not support the mother's proposal. The mother also made an oral application for an adjournment of the trial, which the father opposed, seeking that the trial proceed on an undefended basis due to the mother's non-compliance with trial directions.

The court was required to determine whether to grant the mother's application for an adjournment and, if not, to make final parenting orders in the best interests of the children, considering their expressed views and the family consultant's report. The court also had to address the father's opposition to the mother's proposed orders for parental responsibility and time.

Berman J dismissed the mother's application for an adjournment, finding that she had not complied with trial directions and that the father opposed the adjournment. The court then proceeded to make ex-tempore orders, discharging previous orders and granting the father sole responsibility for the children, with the children to live with him. The mother was granted specific time with the children, including each Sunday, Christmas Day annually, and such further times as agreed. The court also made orders restraining both parties from certain behaviours, including assaulting or threatening the other, and limiting communication to issues relating to the children, primarily via email, text, or a communication book. Further orders addressed school communications, medical information, and an injunction restraining the mother from leaving the children in the sole care of a Mr G.