Releheb and Adaab

Stevenson J determined the parenting arrangements for a child born in November 2001, following a dispute between the parents, Releheb and Adaab. The court was required to consider the child's best interests in making orders regarding parental responsibility, living arrangements, and the child's ability to travel internationally.

The central legal issue was how to best promote the child's relationship with both parents and their respective families, particularly in light of the mother's proposal to relocate the child to Lebanon. The court had to assess the likely effect of this relocation on the child's relationship with her father and paternal family, considering the practicalities of maintaining contact across significant geographical distance and potential cultural adjustments. The court also had to evaluate the certainty and feasibility of the mother's proposed arrangements in Lebanon, including her employment, childcare support, and financial capacity to meet the child's educational and living expenses.

Stevenson J found that the mother's proposal to relocate the child to Lebanon presented significant disadvantages to the child's best interests. The court was not confident that the mother would comply with orders facilitating the child's time with her father and paternal family, and the substantial distance and cost of travel would likely impede meaningful contact. Furthermore, the mother's proposed arrangements in Lebanon were vague and lacked evidential support regarding her employment, childcare assistance, and ability to afford school fees. Conversely, the court was confident that the father would facilitate the child's relationship with her mother. Therefore, the court concluded that the father's proposal, supported by the Independent Children's Lawyer, was more advantageous to the child's best interests.

The court ordered the discharge of all existing orders and established new arrangements. These included equal shared parental responsibility, with the father having sole responsibility for educational decisions. The child was ordered to live with the father for the majority of the week during school terms and for half of all school holidays, and with the mother at all other times, subject to specific provisions for time on Mother's Day, Father's Day, and the child's birthday. Crucially, the mother was restrained from applying for a passport for the child or leaving Australia with the child without leave of the court, and was ordered to cancel any Lebanese passport issued for the child.