SALIBA & SALIBA

In the matter of SALIBA & SALIBA, Hannam J of the Family Court of Australia considered an application by the mother concerning the living arrangements and parental responsibility for the parties' two children. The father had disengaged from the proceedings, and the mother sought orders that the children live with her, that she have sole parental responsibility, and that the children spend no time with the father, with specific exceptions.

The court was required to determine whether it was appropriate to proceed on an undefended basis, given the father's disengagement. Furthermore, the court had to consider the paramountcy of the children's best interests in making orders regarding their living arrangements, parental responsibility, and time spent with each parent, particularly in light of allegations of family violence, concerns about the father's mental health and substance abuse, and the children's negative or indifferent attitude towards him. The court also had to assess the father's parenting capacity and the risk he posed to the children.

Hannam J found that the father had been afforded appropriate opportunities to participate in the proceedings and determined that it was appropriate to proceed on an undefended basis. Applying the principles of the Family Law Act 1975 (Cth), the court found that the father posed an unacceptable risk of harm to the children and that the mother's proposed orders were in the children's best interests. Consequently, the court ordered that the children live with the mother, that she have sole parental responsibility, and that the children spend no time with the father, save for agreed times. The court also made orders restraining the father from approaching specified locations and authorised police to arrest him without warrant for breaches of these orders. Further orders were made regarding the removal of the children from the Family Law Watchlist and authorising the mother to apply for travel documents and remove the children from Australia at her discretion.