KADIR & NEJIZ

In the matter of KADIR & NEJIZ, McClelland J of the Family Court of Australia considered parenting orders concerning two children, X and Y. The dispute involved allegations of sexual abuse raised by the mother, which significantly impacted the father's relationship with the children and the terms of their future care and contact.

The court was required to determine the appropriate parenting arrangements for the children, including issues of parental responsibility, living arrangements, and the nature and extent of the father's time with and communication with the children. Further, the court had to address the father's access to information regarding the children's education and medical care, as well as the children's ability to travel internationally with the mother. The court also had to consider the prohibition of discussing the proceedings with the children.

McClelland J discharged all previous parenting orders and made new orders reflecting a shift in parental responsibility and living arrangements. The mother was granted sole parental responsibility, with the children to live with her. The father was permitted to spend time and communicate with the children in accordance with their wishes, with the mother to facilitate this. Specific provisions were made for the father to send letters and gifts, and to contact the children via email monthly, with the mother to provide updated email addresses. Crucially, both parents were prohibited from discussing the proceedings or allegations of sexual abuse in the children's presence. The father was also authorised to contact the children's schools and medical practitioners, and to receive relevant information, with the mother to provide necessary details. The mother was authorised to obtain passports for the children and permitted to travel internationally with them for up to six weeks to Hague Convention signatory countries, subject to providing the father with detailed travel information at least 30 days in advance. The parties were granted liberty to apply regarding costs, including reimbursement to the father for a portion of a single expert report.