Jabeen and Jabeen

This matter concerned orders made by Judge Henderson in proceedings between Jabeen and Jabeen. The dispute involved the living arrangements and time spent with the child, X, born in 2011, as well as issues relating to the child's schooling and dietary needs.

The court was required to determine several key issues. These included the primary residence of the child, the specific arrangements for the child to spend time with each parent, and the father's role in determining the child's schooling. Furthermore, the court needed to address the child's dietary requirements, including whether the mother's current practices were appropriate and what recommendations should be made by a paediatrician. Finally, the court was to consider the preparation of a family report to assess various aspects of the child's welfare and the parents' capacities.

In reaching its decision, the court made interim orders concerning the child's residence with the mother and established a detailed schedule for the child to spend time with the father, including alternate weekends and additional time during school holidays. The court also ordered that the father would determine the child's school or preschool, and the mother was to facilitate the enrolment process. Crucially, the court mandated that both parents consult with the child's paediatrician, Dr J, regarding the child's health and dietary needs, and to comply with any recommendations made. A family report was ordered to be prepared by a family consultant, addressing a range of matters pertinent to the child's best interests, including the benefit of relationships with each parent, parental capacity, and the impact of allegations made by each party.