Krish and Shah

In the matter of Krish and Shah, heard before Hannam J, the dispute concerned interim orders relating to the welfare and living arrangements of two children, C and D. The court was required to determine the immediate arrangements for the children's residence, time spent with each parent, and measures to prevent their removal from Australia.

The court ordered that the children would live with the mother and spend limited, supervised time with the father each weekend. Specific conditions were imposed on the father's time with the children, including the location of changeovers and a prohibition on taking them to his home. Crucially, the court issued a long-term injunction restraining either parent from removing the children from Australia, requesting their placement on the Airport Watch List until they reach adulthood or the court orders otherwise.

The court also directed the parties to participate in a Child Responsive Program with a Family Consultant, with the mother responsible for facilitating the children's attendance. An interpreter was requested to assist the mother during this session. The father was ordered to provide all of the children's clothing and personal belongings to the mother. The court noted that, in the absence of specific interim orders regarding parental responsibility, both parents retained parental responsibility under section 61C of the Family Law Act.