Parenting Question 1 You are a recently admitted solicitor. Ali seeks your advice in relation to parenting matters in relation Zorah, currently aged 8 years and 3 months. Ali shows you a letter, which he has just received, from a solicitor acting for Gani. You peruse the letter and note that it asserts that Ali is not Zorah 's father and for this reason states that Gani will not be permitting Zorah to spend any time with Ali. Ali instructs you that: Background Ali is 36 years old Gani is 38 years old They commenced their relationship in January 2013 and moved in together later that year. Ali and Gani are Muslims and follow Ali attends the Auburn Mosque regularly At the time, Ali was employed as a primary school teacher at an Islamic school in Auburn and has remained in this employment. Gani was employed as an accountant in a Practice in the CBD and has remained in this employment. In mid 2015 when their jointly owned home at Auburn was being renovated, Ali and Gani vacated their Auburn home, and each lived with their respective parents during this period. They continued their relationship during this period, and usually spent 3-4 days together. In October 2015, they moved into their newly renovated home. In November 2015, Gani informed Ali that she was 3 months pregnant. Zorah was born on 15 April 2016. Ali and Gani separated in July 2023. Care arrangements prior to separation Arrangements to January 2019 Gani took 6 months maternity leave and cared for her during this period. Ali assisted with her care while he was not working, including feeding, bathing, changing, playing with her and taking her to her medical appointments and on outings When Zorah was 6 months old: - Gani returned to full-time work, although she was able to work from home on Fridays until 2019. On Fridays, Gani (with the assistance of the maternal grandmother cared for Zorah until Ali returned from work, between 3.45 and 4pm Ali commenced working part-time from Wednesdays to Fridays.

On Wednesdays and Thursdays, she was cared for by her paternal grandparents until Ali returned from work The above arrangement continued until Zorah commenced attending pre- school at Auburn in January 2019. Arrangements January 2019 to January 2021 Zorah commenced attending pre-school in January 2019: on Fridays for the first 6 months on Thursdays and Fridays for the rest of 2019 From Wednesdays to Fridays during 2020 Ali delivered and collected Zorah from pre-school Arrangements January 2021 to separation Zorah commenced her formal schooling in 2022. Gani and Ali enrolled Zorah at the Auburn school where Ali had been employed for the previous 12 years. Ali returned to full-time teaching Ali took Zorah to and from school with him each day. Care arrangements after separation - June 2024 At separation, Ali vacated their Auburn home and moved in with his parents who also live in Auburn about 15 minutes away. Zorah remained living with Gani in their Auburn home. Ali has been collecting Zorah each day from the Auburn home at 7.30 am and taking her to school, caring for her at his parent's home from after school and until 6.30pm when he drops her off to Gani, after her bath and dinner. Zorah also spends time with Ali each alternate weekend from after school Friday and until before school on Monday and half the school holidays. Current situation Zorah has settled into her school and is progressing well. She is learning to swim and Ali takes her to swimming lessons on Wednesdays after school. Ali's parents' home has a separate 2 bedroom- granny flat with its own entrance and yard. This is where Ali has been living since separation, and where Zorah spends time with him. Gani has been dating a work colleague, Peter, since about September 2023 and has been spending most weekends with Peter at his home in Bondi. Zorah has met Peter several times. Zorah has recently informed Ali that she "doesn't like Peter because she heard her mummy say to Peter that he, Peter, was her real daddy." Zorah became upset and started to cry when she said this.

Zorah also told Ali that "Mummy told me I must call Peter "daddy" and call you "Uncle Ali", but I will never to that, because you are my daddy and I love you. I hate Peter." Zorah became upset and started to cry when she said this. Ali recently raised his concern about Zorah 's comments with Gani. Gani confirmed that Peter may be Zorah 's father she and Peter had an affair during the period when Auburn was being renovated and that they have continued their affair since that time. Gani confirmed that she will be moving in with Peter in 2 weeks and that she intends to change Zorah 's school from the one she currently attends to a public school closer to Peter's home in Bondi to commence when she moves in with Peter.. Ali is named as the father on Zorah 's birth certificate. Ali is concerned about the potential impact on his relationship with Zorah if, in fact Peter is Zorah 's father. Ali instructs you that, irrespective of paternity, he loves Zorah very much and as far as he is concerned, he is her father and wants to have the maximum possible role in her in her life. Ideally, Ali would like Zorah to live with him and spend alternative weekends and half-holidays with Gani. Ali says that he has been Zorah 's primary carer and is in a much better position to provide for all her needs. He does not believe that Gani will be able to provide as well for Zorah because of her long working hours. Ali wants to ensure that Gani cannot change Zorah 's school.

Specifically referring to facts and the relevant law, advise Ali, of the approach that a Court is likely to adopt in determining what parenting orders to make. Include in your answer, with specific reference to the facts, any other orders that the Court may make to address Ali's concerns in relation to paternity.