REZA & SADIR

This matter concerned applications by the mother and father regarding the living arrangements and time spent with their children. The court was required to determine the best interests of the children in light of competing proposals from each parent.

The primary legal issues before the court were: the likely effect of any change in the children's circumstances, including separation from a parent; the practical difficulty and expense of children spending time with and communicating with a parent; the capacity of each parent to provide for the children's needs; and any family violence involving the children or their family. The court also considered the decision-making, time spent, and communication with the children, as well as the maintenance of the children.

Hannam J considered evidence regarding the children's time with each parent and their respective partners, noting that the children spent significant time with the father's partner. The court found that both parents had equally cared for the children since separation, had been significantly involved in decision-making, and had equally spent time with and communicated with them. While the father alleged shortcomings in the mother's parental capacity, the court was unable to make positive findings to that effect, viewing the mother's recognition of current arrangements not being in the children's best interests as demonstrating attunement to their needs. The court expressed concerns about the father's lack of awareness regarding the potentially manipulative nature of his discussions with one child about court matters and his resistance to feedback. Regarding family violence, the court noted a risk that the father may have perpetrated family violence against the mother, though the extent and impact were unknown. The court determined that while separation from either parent would cause sadness, it did not find likely the father's submission that one child might harm himself or run away if required to live primarily with the mother. No practical difficulties or expenses were identified in either parent's proposals regarding children spending time with the non-resident parent.