KHALIL & TAHIR-AHMADI

In the Family Court of Australia, Dawe J considered a dispute between a father, Mr. Khalil, and a mother, Ms. Tahir-Ahmadi, concerning final orders for their child, A. The father sought orders for A to reside with him in Iran, while the mother, who had become a permanent resident in Australia and refused to return to Iran due to fears for her safety stemming from allegations of domestic violence against the father, sought orders for A to live with her in Australia. A had resided in Australia for the majority of his life.

The court was required to determine two primary legal issues. Firstly, whether the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) had been rebutted, given the parties' poor relationship and their intended future residences in Iran and Australia respectively. Secondly, the court had to determine the living arrangements for A, considering his best interests, particularly in light of the mother's safety concerns and A's established life in Australia.

Dawe J reasoned that the presumption of equal shared parental responsibility was rebutted because it was not in A's best interests for the parties to share such responsibility, given their geographical separation and strained relationship. The court applied the paramount principle that the best interests of the child are the primary consideration in determining parenting orders. Considering A's long-term residence in Australia and the mother's well-founded fears for her safety in Iran, the court concluded that it was in A's best interests to live with his mother in Australia.

Consequently, the court made orders that the mother have sole parental responsibility for A and that A live with the mother. The father was granted specific time with A in Australia while he remained resident there, with provisions for future contact when he was no longer residing in Australia. The court also made orders restraining the father from removing A from Australia without the mother's consent and placed A's name on the Airport Watch list.