MOHAMMED SALAH & GASTANA

This case involved a dispute between Ms. Gastana (the mother) and Mr. Mohammed Salah (the father) concerning parenting orders for their two children. The parties were never married in accordance with Australian law, and the mother denied being party to an Islamic marriage ceremony or a de facto relationship, as well as any financial support from the father. The court was required to determine issues relating to parental responsibility, the name of the youngest child, and the children's living arrangements and time spent with each parent. Additionally, the mother sought personal protection injunctions for herself and her children from an earlier relationship, which the father opposed.

The court was required to determine the extent of parental responsibility for the children, specifically whether the presumption of equal shared responsibility applied given the high level of conflict and allegations of family violence. A key issue was the naming of the youngest child, with the father opposing the mother's suggested name on religious grounds. The court also had to consider the best interests of the children in relation to the mother's application for protective injunctions against the father.

Forrest J found that the presumption of equal shared responsibility did not apply due to the family violence and the father's unsubstantiated allegations and criticisms of the mother's parenting, noting that the father had not promoted the children's relationship with the mother. The court accepted evidence from an Islamic religious leader supporting the mother's proposed name for the youngest child, A Mohammed Salah, and ordered that the child be registered and known by that name. The mother was granted sole parental responsibility for the children on all major long-term issues, except for their religious upbringing, for which the father retained sole responsibility. The court also found that issuing protective injunctions was in the best interests of the subject children.

The court ordered that the mother have sole parental responsibility for the children, M and A, in respect of major long-term issues, save for their religious upbringing, for which the father would have sole responsibility. The children were ordered to live with the mother, with specific provisions for time spent with the father, including a detailed schedule for weekdays, weekends, school holidays, and special occasions. The father was restrained from assaulting, harassing, stalking, abusing, or coming into the immediate presence of the mother or her three daughters from a previous relationship, and from entering the workplace of the mother or her daughters. Both parents were ordered to attend a parenting orders program.