Musa & Nazer

In the matter of *Musa & Nazer*, Berman J of the Federal Circuit and Family Court of Australia considered applications concerning the living arrangements and parental responsibility for a child, Y. The dispute involved the mother (Ms Musa), the father (Mr Nazer), and the maternal grandmother (Ms Dinh), with the Independent Children’s Lawyer also participating. The child was residing with the father and spending time with the mother, amidst allegations of family violence and poor communication between the parents.

The court was required to determine the best interests of the child, specifically with whom Y should live and spend time, and the nature of parental responsibility. Key issues included the impact of family violence, particularly a final intervention order against the mother naming the father and child as protected persons, and the father's willingness to foster the child's relationship with the maternal family. The court also considered the capacity of each party to provide for Y's needs and the potential risks associated with Y residing in the maternal family's home.

Berman J applied the principles of the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the child under s 60CA. The court weighed the primary considerations under s 60CC(2), including the benefit of a meaningful relationship with both parents and the need to protect the child from harm, against the additional considerations in s 60CC(3). The court found that while the mother was the perpetrator of family violence, her current limited requests lessened the weight of this factor. Conversely, the father's reluctance to promote the child's relationship with the maternal family was a significant concern. The court noted the maternal grandmother's ability to support the child's relationship with both parents and her clear proposal for Y's education.

The court ordered that the mother, father, and maternal grandmother share parental responsibility for Y, with the maternal grandmother having sole responsibility for the child's education. Y was ordered to live with the maternal grandmother, with specific provisions for Y to spend time with the mother and father, including during school holidays. The court also made orders regarding communication, travel restrictions, and the prohibition of social media or text messaging related to the proceedings or parties.