Zenere & Malik & Ors

In *Zenere & Malik & Ors*, heard by Cleary J, the dispute concerned the residence and contact arrangements for a child, with an expedited hearing necessitated by the mother's limited life expectancy. The mother and her family resided in New Zealand, while the father and his family lived in Australia. A key consideration was the importance of maintaining the child's relationship with the maternal family, who had been significantly involved in the child's life, as had the paternal grandparents.

The court was required to determine several legal issues, including the paramount consideration of the child's best interests in the context of residence and contact. Specifically, the court had to address the child's religious upbringing, as this was the sole outstanding issue between the parties. The mother had expressed significant concerns regarding the father's religious practices. Furthermore, the court needed to consider the implications of overseas travel to non-Hague Convention countries.

Cleary J reasoned that the court's role was not to evaluate the merits of any particular religion but to assess whether a parent's adherence to a faith posed a risk to the child. The court must avoid making assumptions about religious practices without evidence and must balance the child's welfare with judicial neutrality regarding religious views. In this instance, the court found that the issue of religion did not present a significant risk factor to the child. The child would be able to maintain a connection with their religious practice and their Indian and New Zealand heritage through the maternal grandparents. The father also undertook to ensure the child's continued significant involvement with the maternal family. The court also noted that the child would live with the father, who would have sole parental responsibility, with the consent of all parties.

All outstanding applications were dismissed.