Zemin & Kaba (No 2)

Ms Zemin and Mr Kaba have two children, X and Y. Ms Zemin seeks sole parental responsibility and for X and Y to live with her without spending any time with Mr Kaba. Mr Kaba does not oppose Ms Zemin having sole parental responsibility. The parties’ eldest child, Mr F, has reached adulthood and lives with Mr Kaba and does not wish to spend time with Ms Zemin. The court had to determine whether it was in the children's best interests to spend time with Mr Kaba and whether it would be safe for them to do so. Additionally, the court had to determine the division of the parties' property and liabilities.

The court considered the children's views, the history of family violence perpetrated by Mr Kaba, and the risk of harm to the children if they spent time with Mr Kaba. The court found that the children were at risk of psychological and emotional harm if they spent time with Mr Kaba. The court also considered the need to maintain a meaningful relationship between the children and Mr Kaba but found that it was not safe for the children to resume such a relationship. As a result, the court ordered that the children live with Ms Zemin and do not spend time with Mr Kaba. The court also ordered that the parties' property be divided in a 70:30 ratio in favour of Ms Zemin, taking into account the redirection of rental income by Mr Kaba and the dissipation of funds.

The court made orders for sole parental responsibility for Ms Zemin, for the children to live with her and not spend time with Mr Kaba, for the sale of the former matrimonial home, and for the division of the parties' property and liabilities.