Mousa and Kamil and Ors (No 2)

This matter concerned an application before Gill J in the Federal Circuit Court of Australia, brought by Mr Mousa (the First Respondent) and Ms Kamil (the Respondent Mother), concerning their child, X. The dispute revolved around the child's living arrangements and international travel, with the Second Respondent, Mr Yaman (the child's father), seeking to relocate the child to Country B.

The court was required to determine interim parenting orders, specifically addressing where the child would live, whether the child could travel to Country B, and the nature of parental responsibility and contact arrangements pending a final hearing. Key issues included the child's relocation, the father's parental responsibility for medical matters, and the communication protocols between the parents regarding these decisions.

Gill J ordered that the child, X, would live with her father, Mr Yaman, in Province C, Country B, until further order. The court permitted Ms Yaman, Mr Yaman's wife, to collect the child and accompany her to Country B on the next available flight, subject to the issuance of an Australian passport for the child. Mr Yaman was ordered to facilitate regular Facetime contact between the child and Ms Kamil, as well as with the child's stepsister and Mr Mousa. Pending the final hearing, Mr Yaman was granted sole parental responsibility for medical matters, with a requirement to communicate with Ms Kamil regarding such decisions where reasonably practicable. The interim orders of 13 September 2018 were discharged upon notification of the child's passport issuance.