Kadar and Doumani

In *Kadar & Doumani* [2011] FamCA 285, the Family Court of Australia considered an application by the father, Mr Kadar, to vary existing final parenting orders made in 2007. The father sought orders for equal shared parental responsibility, that the child live with him, and for specific time with the mother. The mother, Ms Doumani, sought sole parental responsibility, that the child live with her, and for specific time with the father, including telephone communication. The Independent Children’s Lawyer argued for the dismissal of the father's application.

The primary legal issue before the Court was whether there had been a change of circumstances since the 2007 final parenting orders that would warrant a variation of those orders, applying the principles established in *Rice and Asplund* (1979) FLC 90-725 and subsequent Full Court decisions. The Court also considered the father's application for a non-denigration injunction and the mother's application for an order under s 118 of the *Family Law Act 1975* (Cth) to prevent further applications without leave.

The Court found no basis to alter the existing parenting orders. Applying the rule in *Rice and Asplund*, the Court heard all the evidence before determining whether a change of circumstances had occurred. The father's assertions regarding the child's educational performance, alleged breaches of orders by the mother, and difficulties with telephone communication were not substantiated by sufficient corroborative evidence. The Court accepted the mother's explanations for any communication issues and found no evidence of deliberate obstruction. The father's criticisms of the 2007 judgment and his claims regarding legal aid were noted but did not provide grounds for varying the orders. The Court also found no basis for the mother's s 118 application, as the father's application was not considered frivolous or vexatious, but rather a genuine, albeit unsubstantiated, belief about his son's welfare.

Consequently, the Court dismissed the father's application for variation of the parenting orders. The Court also made orders for the exchange of telephone numbers, for medical practitioners to consult with both parents, and for notification of medical emergencies. All other extant applications were dismissed.