Khalifa and Khalifa

This matter concerned orders made by McClelland J in the Federal Circuit Court of Australia concerning the welfare of two children. The proceedings involved the father and the mother, who were in dispute regarding the children's living arrangements and time spent with each parent.

The court was required to determine interim parenting orders, including where the children would live, the specific times they would spend with each parent, and conditions to be attached to that time. Further issues before the court included the appointment of an Independent Children's Lawyer, the parties' attendance at a Family Consultant meeting, and the appropriateness of the presumption of shared parental responsibility applying in these proceedings. The court also considered the need for drug and alcohol testing for the parties and the restraint of denigration.

In its reasoning, the court made orders for the children to live with the father, with specific time arrangements for the mother. These arrangements included supervision by the maternal grandmother or an agreed adult, and detailed provisions for changeovers involving a nanny. The court also made orders restraining denigration and, on a without admissions basis, restricting alcohol and illicit substance consumption by the mother and both parties respectively, along with mandatory drug testing for both parties and hair follicle testing for the mother. The court explicitly found that the presumption of shared parental responsibility was inappropriate in these proceedings. An Independent Children's Lawyer was appointed, and the parties were directed to attend meetings with a Family Consultant and engage with the Child Dispute Section.