Kabir & Kabir (No. 2)

In *Kabir & Kabir (No. 2)*, Gill J of the Family Court of Australia considered an interim hearing concerning parental responsibility and time spent with the Father for the children X and Y. The application sought a departure from existing interim orders, amidst a history of non-compliance by both parties with handover arrangements. The Independent Children’s Lawyer, Robinson McGuinness, was also involved.

The central legal issues before the court were whether the existing interim orders regarding parental responsibility and time spent with the Father should be varied, and what measures were necessary to ensure certainty and verification in handover arrangements, particularly in light of past non-compliance. The court also had to consider the protective benefit of both parents' involvement in long-term issues concerning the children.

Gill J reasoned that a departure from the current orders was not warranted, emphasizing the importance of verification and certainty in handovers, which could be facilitated by a handover centre. The court determined that the existing orders for equal shared parental responsibility, with specific sole parental responsibility for the mother regarding medical and childcare issues (subject to consultation with the father), and the established time spent with the father, should remain in force. Further orders were made to ensure the father's registration with the children's childcare centre and to mandate the mother to inform the father of all medical attendances and any injuries or illnesses suffered by the children. Communication protocols via email and video conference were also established. The court also addressed ancillary matters, adjourning spousal maintenance and property proceedings and dismissing the Father's application in a case.