TARIQ & TARIQ

In the matter of *Tariq & Tariq*, heard by Wilson J, the dispute concerned parenting orders for five children. The father sought an order for equal shared parental responsibility, while the mother sought sole parental responsibility. The mother had made unsubstantiated allegations of sexual abuse against the father concerning one of the children, which had resulted in the father being denied contact with the children for two years. A family consultant's report favoured the independent children's lawyer's proposal for the father to have time with the children and for equal shared parental responsibility. The mother failed to participate in the proceedings, and the trial proceeded on an undefended basis.

The court was required to determine the appropriate parenting orders, specifically regarding parental responsibility and the time the children would spend with each parent. The central issues revolved around the impact of the mother's unsubstantiated allegations on the children's welfare and the father's relationship with them, and how to re-establish a healthy co-parenting relationship given the breakdown in communication and the mother's lack of participation.

Wilson J made orders by consent of the applicant father and the independent children's lawyer. All current parenting orders were discharged. The mother and father were granted equal shared parental responsibility for the five children. The children were ordered to live with the mother. A phased-in schedule for the children to spend time with the father was established, commencing with supervised time for the younger children and progressing to unsupervised time for all children, including overnight stays. Communication between the parents was to be primarily via email or text, with specific provisions for urgent communication and the exchange of essential information regarding the children's welfare and schooling. Injunctions were also put in place, restraining both parents from discussing the proceedings with the children or speaking disparagingly about the other parent in their presence, and preventing the removal of the children from Victoria or Australia without consent. The independent children's lawyer's appointment was discharged, and the family consultant was to explain the final orders to the children and the father.