Najam & Fayed

In the matter of PAC 318 of 2021, Mr Najam (the applicant father) and Ms Fayad (the respondent mother) brought their dispute concerning their child, X, before Justice Foster of the Family Court of Australia. The central issue was the child's residence and parental responsibility upon discharge from hospital, given the child's serious illness and the significant conflict between the parents.

The court was required to determine interim parenting orders, specifically addressing where the child would live, who would have parental responsibility, and how the parents would consult on significant decisions, particularly concerning the child's medical care. The court also had to consider the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), namely the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm.

Justice Foster applied the best interests of the child as the paramount consideration. The court noted that while a meaningful relationship with both parents is important, the need to protect the child from harm is to be given greater weight. Evidence indicated a substantial escalation of parental conflict following the mother's proposal of marriage, including instances where the child was exposed to verbal abuse and threats from the father. The court found that the existing parenting plan had previously facilitated meaningful relationships with both parents, but the current conflict necessitated a different approach to safeguard the child.

Pending further order, the court ordered that the child live with the mother and that the mother have sole parental responsibility, with a requirement to consult the father on significant decisions, particularly medical care. The father was ordered to facilitate the child's discharge into the mother's care and was restrained from attempting to remove the child. The matter was adjourned for judicial case management and a potential interim hearing shortly thereafter.