NABIZADA & SOHRABI

In *Nabizada & Sohrabi*, the Federal Circuit and Family Court of Australia considered an application concerning the parenting arrangements for two children. The proceedings were undefended, with the father seeking equal shared parental responsibility and the mother opposing this, instead seeking sole parental responsibility and no time with the father. The mother also sought orders restraining the father from contacting her or the children.

The central legal issues before the Court were whether to grant equal shared parental responsibility to the father, or sole parental responsibility to the mother, and what arrangements for the children's time with each parent were in their best interests, particularly in light of serious allegations of abuse made against the father. The Court was also required to determine whether to make an Airport Watchlist Order.

Loughnan J applied the principles enshrined in the *Family Law Act 1975* (Cth), prioritising the safety and wellbeing of the children. Given the serious allegations of abuse and the father's failure to dispute them, the Court found that it was not in the children's best interests to have equal shared parental responsibility or any time with the father. The Court reasoned that the children's safety must be paramount and that enhancing or maintaining a relationship with the father would not serve their best interests in these circumstances.

Consequently, the Court made orders for sole parental responsibility to vest in the mother, that the children spend no time with the father, and that the father be restrained from contacting the mother or the children by any means. An Airport Watchlist Order was made, with the children's names to remain on the Watchlist until they attain the age of 18.