Nayyir and Nayyir

This matter concerned parenting arrangements for two children, S and E, before Guest J of the Family Court of Australia. The dispute involved the husband and wife, with an Independent Children's Lawyer also participating. The proceedings were resolved by consent orders.

The court was required to determine the specific parenting orders concerning the children's living arrangements, parental responsibility, communication between the children and parents, and the parents' conduct towards each other and the children. Additionally, the court needed to address the attendance of the parents at post-separation parenting programs, the exchange of school-related information, notification of health issues, and the supervision of compliance with the orders.

Guest J made consent orders discharging previous parenting orders, save for existing travel injunctions. The parents were to share equal parental responsibility, with the children to live with the husband during specific periods, including school terms and holidays, and with the wife at all other times. The orders detailed specific changeover arrangements, communication protocols between children and parents, and the use of a communication book. Crucially, both parents were restrained by injunction from denigrating the other parent in the presence of the children and from physically disciplining them. The orders also mandated attendance at a post-separation parenting program, with specific provisions for the husband to attend counselling and for the wife to consult with a mental health practitioner. Compliance with the orders was to be supervised for 12 months by a nominated counsellor. The court also noted agreements regarding child support arrears and the relinquishment of certain costs.