KHALID & KHALID

This matter concerned the parenting arrangements for two children, [X] and [Y], born in 2005 and 2009 respectively. The dispute was between the children's parents, Mr and Ms Khalid, and was heard by Judge Neville.

The court was required to determine the primary caregiver for the children, where they would live, and the extent of time each child would spend with each parent. The court also needed to consider the impact of the parents' acrimonious relationship and allegations of domestic violence on the children's welfare.

Judge Neville's reasoning was heavily influenced by a formal evaluation of the family. The evaluation highlighted the parents' inability to reach appropriate post-separation arrangements and the children's exposure to domestic violence. The court found that the father, Mr Khalid, presented as agitated and anxious, with no apparent insight into the effects of the dispute on the children, and made unsubstantiated allegations against the mother. Conversely, the mother, Ms Khalid, presented as distressed and anxious but expressed a desire to co-parent and never deny the father contact. The evaluation noted that the mother had not had any concerns raised about her parenting while residing at a refuge with the children. Crucially, both children expressed a clear wish to live with their mother if reconciliation did not occur, with [X] having refused contact with his father for some time. The court also noted the father's limited time for the children due to full-time work and a new relationship.

The court ordered that the mother have sole parental responsibility for both children, and that the children live with the mother. No specific time orders were made for [X] with the father, beyond the mother encouraging contact. Specific time arrangements were made for [Y] with the father, with provisions for changeovers at the child's school and a mechanism to address non-attendance at school. The court also ordered that school holidays be shared equally for [Y] and determined by [X]'s wishes, with the mother encouraged to facilitate graduated contact between [X] and the father.