TARIQ & JACOBSON

In the matter of *Tariq & Jacobson*, Kent J of the Family Court of Australia considered parenting orders concerning a child, B. The proceedings involved a dispute between the child's mother, Ms Jacobson, and father, Mr Tariq. The mother sought orders for sole parental responsibility, that the child live with her, and that there be no time or communication between the child and the father.

The court was required to determine whether it was in the child's best interests for the mother to have sole parental responsibility, and whether orders for no time or communication with the father were appropriate, particularly in light of a significant history of family violence and concerns about the father exposing the child to risks of harm. The court also considered the procedural fairness afforded to the father in the context of the trial proceeding on an undefended basis, and whether he had been given a sufficient opportunity to make submissions regarding the child's best interests.

Kent J accepted expert evidence indicating that the father's motivations appeared to be driven by a need to control the mother rather than a genuine concern for the child's welfare. The court found that the mother's parenting capacity could be compromised if orders for time or communication with the father were made. The Independent Children’s Lawyer supported the mother's requested orders. The court ultimately ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that there be no time or communication between the father and the child. The court also made orders restraining the removal of the child from Australia for a period of two years and directed that the child's name be placed on the Family Law Watchlist. Each party was ordered to pay their own costs.