Aliye & Salomea [2026] FedCFamC1F 132 (29 January 2026)

1. Until further order, the child Y spend supervised time with the father on one occasion of up to two hours per week on such days and at such times as can be accommodated by D Contact Centre ("Family Contact Service").
2. Y's time with the father be supervised by the Family Contact Service (or such other agreed supervisor) at the father's sole expense.
3. In relation to the parties' engagement with the Family Contact Service:

(a) The parties do all acts and things and provide all documents required by the Family Contact Service for the purposes of intake as stated in paragraph 4 of these Orders;

(b) The parties follow all lawful directions of the Family Contact Service; and

(c) Supervised sessions shall cease or be shortened immediately if Y becomes distressed or upset, as assessed by the supervising staff.

1. The father shall be responsible for payment of the costs associated with obtaining an Observation Report after 8 sessions from the Family Contact Service, with such Report to be released directly to the parties' legal representatives.
2. The father shall file a copy of the report from the Family Contact Service by way of affidavit upon the Observation Report being available.
3. Supervised time at the Family Contact Service may continue only upon the completion of a positive Observational Report and shall continue until such time as further orders are made in relation to ongoing time.
4. Order 11 of the Orders of 16 September 2015 be discharged.
5. The mother authorise X's school to permit the father to receive routine school communications (including newsletters, notices and reports) and access student information for X via the school portal and/or usual school communication channels only, in accordance with the school's policies and procedures.
6. The parties are at liberty to provide a copy of the Court orders to X's School under Order 12.
7. The parties be at liberty to provide to X's psychologist, Ms E and X's paediatrician, Mr F a copy of the family report and psychological risk assessment ofDr C.
8. Pursuant to s 67ZBD of the Family Law Act 1975 (Cth), the Department of Families, Fairness and Housing ("the Department") is to inform the Court by no later than 4.00 pm on2 March 2026 if it has in its possession or control any documents or information, and if so the particulars of the documents or information relating to the matters in s 67ZBD(2) in relation to:

(a) X born in 2020 (Child)

(b) Y born in 2022 (Child)

(c) Mr Aliye born in 1985 (Father of the children)

(d) Ms Salomea born in 1989 (Mother of the children)

1. The parties be restrained from issuing any subsequent subpoena to the Department seeking the production of any information or documents identified pursuant to these orders, except with the leave of the Court.
2. The matter be adjourned before the Hon. Justice McNab on 18 May 2026 at 10.00am for interim defended hearing to be conducted in person.

1. The particulars to be provided by the Department pursuant to Order 15 above may relate to documents or information relating to the following matters set out in s 67ZBD(2):

(a) abuse, neglect or family violence to which a child to whom the proceedings relate has been, or is suspected to have been, subjected or exposed;

(b) family violence to which a party to the proceedings has been exposed, or in which a party to the proceedings has engaged, to the extent it may affect a child to whom the proceedings relate;

(c) any risk or potential risk of a child to whom the proceedings relate being subjected or exposed to abuse, neglect or family violence; and

(d) any risk or potential risk of a party to the proceedings being subjected to, or engaging in, family violence, to the extent any such family violence may affect a child to whom the proceedings relate.

1. Pursuant to Division 1B of Part XI of the Family Law Act 1975 (Cth), that an application may be made for a direction that a document or part of a document not be produced or not be inspected or not be copied in proceedings if it would disclose a protected confidence.

1. Material provided by the Department may be redacted pursuant to s 67ZBF.

1. Pursuant to s 67ZBH (1), the Court must admit into evidence any particulars, documents or information provided under an Order made under s 67ZBD, or under s 67ZBD(5), on which the Court intends to rely.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Aliye & Salomea has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. This matter concerns the applicant father, Mr Aliye born in 1985 ("the father") and the respondent mother, Ms Salomea born in 1989 ("the mother") in regards to the interim parenting arrangements for the children, X born in 2020 and Y born in 2022 ("the children").

1. The father commenced these proceedings on 27 March 2025 seeking orders that the mother return the children to Australia. This was within the context of an escalation in conflict between the parties where the husband travelled to the United Kingdom from India, on his case, intending to return to Australia. There were legal proceedings in the United Kingdom and the father was eventually arrested. The children returned to Australia and orders were made for them to live with mother and for one of the children to spend supervised time with the father. The father now seeks, at this interim stage, that such time becomes unsupervised and family therapy commences with the child who he is not spending time with.

1. In deciding whether to make a particular parenting order in relation to the children, I must regard the best interests of the child as the paramount consideration.[1]
2. Section 60CC(2) of the Act sets out the list of matters that the Court must consider in determining what is in the children's best interests.
3. Orders in respect of children are made under Part VII of the Act, where the meaning of a "parenting order" is defined (s 64B). The Court may make such parenting orders as it thinks proper (s 65D(1)), within the context of the objects of the legislation (s 60B). The objects of Part VII of the Family Law Act 1975 ("the Act") are to ensure that the best interests of children are met, including by ensuring their safety, and to give effect to the Convention on the Rights of the Child of 20 November 1989.[2] My decision is guided by those objects.

1. Having regard to all of the circumstances, I find it appropriate that supervised time continues and the father is to obtain directed psychological treatment and provide evidence of such. I find this for several reasons.
2. In her most recent affidavit of 23 January 2026, the mother provides a more detailed account of the family violence that occurred in the household, and more specifically, going to the father's conduct towards his son, who was at that time four years of age. A video of the father and the child shows that the father's behaviour was uncontrolled and showed clearly excessive discipline of the child. He raised his voice, he hit the child quite strongly in an angry forceful way and subjected the child to ongoing verbal abuse of a severe kind. As described in the affidavit, it was not on one occasion, but on several occasions, and the treatment of the child was totally inappropriate.
3. The father has accepted that he has subjected the mother and the children to family violence, but my concern is that the limited evidence before the Court as to his engagement with a psychologist does not give any indication that he is seeking to address the particular issues that arise as a result of the evidence of the mother.
4. The Court is not prepared to make an order for unsupervised time until the father has provided evidence to the Court of a directed and concerted approach to deal with the issues which arise from the evidence of the mother, and, for those reasons, the Court makes orders for his treating psychologist to provide a detailed treatment plan that addresses the issues of family violence, his discipline of the children and his anger management. The father is facing criminal charges, and I will not go beyond what is necessary to provide reasons for the judgment so as not to prejudice any criminal proceedings that he faces.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice McNab.

[1] Family Law Act 1975 (Cth) s 60CA.

[2] Family Law Act 1975 (Cth) s 60B.