ATKINS & GATTING

The applicant mother and the Independent Children’s Lawyer sought final parenting orders in relation to the two children of the marriage. The proceedings were undefended by the father, who had a history of non-compliance with court orders and had failed to attend court on multiple occasions. The family had significant historical involvement with the Department of Health and Human Services, and the evidence before the court was largely untested.

The court was required to determine whether it was in the best interests of the children to make final parenting orders on an undefended basis, given the father's lack of participation in the proceedings. A further issue was whether procedural fairness had been afforded to the father, despite his repeated failures to engage with the court process.

Thornton J found that procedural fairness had been afforded to the father, as he had been given notice of the proceedings and no proposals had been put forward by him. Considering the best interests of the children, the court made final orders that the mother have sole parental responsibility for the children. The orders further stipulated that the children were to live with the mother and spend time with the father as agreed between the parties in writing.