Temiz and Temiz (No 2)

In the matter of Temiz and Temiz (No 2), Macmillan J of the Family Court of Australia considered applications concerning the parenting of a child, X. The proceedings involved disputes between the mother, Ms Temiz, and the father regarding parental responsibility, living arrangements, and communication with the child. The court also addressed an application to vary existing orders to permit the child to travel overseas with the mother and considered an application for an injunction against the father.

The primary legal issues before the court were: (1) the determination of sole parental responsibility for the child; (2) the child's living arrangements; (3) whether the child should have any time or communication with the father; (4) whether to permit the mother to take the child overseas for a specified period; (5) whether to grant an injunction restraining the father from contacting or approaching the mother or child, or denigrating them; and (6) the conditions for any future parenting applications by the father. The court was also required to consider the dismissal of extant applications and the discharge of the Independent Children's Lawyer.

Macmillan J ordered that all previous orders be discharged. The court granted the mother sole parental responsibility for the child and ordered that the child live with the mother. Crucially, the court ordered that the child spend no time with and have no communication with the father. The court varied existing orders to permit the mother to take the child overseas for a trip between 17 May 2021 and 24 May 2021, with the original orders to remain in effect upon the child's return. An injunction was granted restraining the father from contacting or attempting to contact the mother or child, denigrating them, or attending at their addresses or the child's educational facility. Furthermore, any future application for parenting orders by the father must be supported by a recent psychiatric report. All other extant applications were dismissed, and the appointment of the Independent Children's Lawyer was discharged.