Mousa & Kamil (No. 4)

In the matter of *Mousa & Kamil (No. 4)*, Gill J of the Family Court of Australia considered an application concerning the parenting arrangements for two children, X and Y. The applicant father, Mr Mousa, sought orders regarding child Y, while the second respondent father, Mr Yaman, was the father of child X. The first respondent mother, Ms Kamil, had not participated in the proceedings for two years but sought an adjournment. The primary dispute revolved around the children's living arrangements and parental responsibility, with the court's ultimate decision guided by the best interests of the children.

The court was required to determine several key issues, including whether to grant the mother's request for an adjournment, how to allocate parental responsibility for both children, and with whom each child should live. The court also had to consider the mother's request that any order for sole parental responsibility vested in the father of child X be subject to a consultation provision. The overarching principle guiding these determinations was the paramount consideration of the best interests of the children.

Gill J ultimately ordered that the second respondent father, Mr Yaman, have sole parental responsibility for child X, with X to live with him. However, the court stipulated that prior to exercising this sole responsibility, Mr Yaman was to communicate with the mother about upcoming decisions and his preferences, give her opinion due consideration, and answer any questions she raised. Furthermore, Mr Yaman was to facilitate FaceTime contact between X and her mother weekly, and with her half-sister bi-weekly. For child Y, the applicant father, Mr Mousa, was granted sole parental responsibility, with Y to live with him. Both children were to spend time with their mother as agreed between the parties. The court also discharged all previous orders and refused certain orders sought by Mr Mousa in relation to Mr F. The Independent Children’s Lawyer was discharged 28 days after the making of the orders.