KALA & KAMDAR (No.2)

This matter concerned parenting orders for a child, X, born in 2016, between the mother, Ms Kamdar, and the father, Mr Kala. The dispute involved allegations of family violence, and the court had before it a Family Report.

The court was required to determine the parenting arrangements for X, including the question of equal shared parental responsibility, where X would live, the time X would spend with each parent, and provisions for communication and changeovers. Additionally, the court needed to address concerns regarding the potential removal of X from the Commonwealth of Australia.

Judge McGuire ordered that the mother and father have equal shared parental responsibility for X, with X to live with the mother. The court detailed a comprehensive schedule for X's time with the father, which was to progressively increase over time and adapt to school holidays. The orders also included provisions for communication between X and the non-resident parent via video call, mutual restraint from denigrating each other in X's presence, and the use of a communication app for discussions regarding X's welfare. Crucially, the court made orders restraining both parents from removing X from Australia and requested the Australian Federal Police place X on the Watch List for five years, with liberty to apply for variations or removal of this order. The court also declared that these orders would take precedence over any conflicting terms in a final Intervention Order dated 23 July 2019, pursuant to s.68Q of the *Family Law Act 1975*.