Mohammed Salah and Gastana

This matter concerned an application to vary existing parenting orders concerning the children M and H. The parties to the dispute were the mother, Ms Gastana, and the father, Mr Mohammed Salah. The application was heard by Forrest J.

The court was required to determine how parental responsibility for the children should be allocated, particularly in relation to major long-term issues and decisions concerning changes to their living arrangements. The court also had to consider the practical implications of the parents' residences on the children's time with each parent and make orders to address any difficulties arising from geographical distance.

Forrest J varied the previous orders to grant the mother sole parental responsibility for the children concerning major long-term issues, with the exception of their religious upbringing and changes to living arrangements that would significantly impede time with the father. The court stipulated that the mother and father would share equal responsibility for decisions impacting the children's time with the father due to changes in living arrangements. Furthermore, the court ordered that if the mother were to move residence with the children, the new residence must be within a one-hour drive of the father's current residence. The father was also restricted from moving closer to the mother without her written agreement. To compensate for the distance, the father's school holiday time with the children was increased.