RASHID & HIJAZ

This matter concerned parenting orders sought by Mr Rashid (the father) and Ms Hijaz (the mother) regarding their child, X. The dispute centred on arrangements for the child's living arrangements, parental responsibility, and time spent with each parent, particularly in light of the father's travel to Australia.

The court was required to determine the specific orders concerning where the child would live, the nature of parental responsibility, and the detailed arrangements for the child spending time with each parent, both during school terms and holidays. This included provisions for special occasions such as birthdays and Christmas, as well as communication and notification protocols between the parents. The court also had to consider orders relating to the child's welfare, including preventing her removal from Australia.

McClelland J made orders by consent and by determination. The child was ordered to live with the mother, with both parents having equal shared parental responsibility. Detailed provisions were made for the child to spend time with the father when he was in Australia, including specific arrangements for weekends, weekdays, and school holidays, with a requirement for the father to provide 14 days' notice of his travel plans. The orders also stipulated specific times for the child to spend with each parent on significant days like Mother's Day, Father's Day, their birthdays, and Christmas, with provisions for changeovers at the child's school or the mother's residence. Ancillary orders included provisions for communication, notification of addresses and contact details, and the mother retaining the child's passports. Crucially, both parents were restrained from removing the child from the Commonwealth of Australia, with a request for the Australian Federal Police to maintain the child's name on the Airport Watch list until March 2027.