AUDEN & FIELDING

In the matter of *Auden & Fielding*, Hannam J of the Family Court of Australia considered an application by the mother concerning her child. The father had discontinued his Response to the mother's Initiating Application, effectively withdrawing from the proceedings. The hearing proceeded as undefended.

The primary legal issues before the court were whether to make final orders regarding the child's living arrangements, parental responsibility, contact, and surname change, in circumstances where the father had withdrawn from the proceedings and serious allegations of sexual abuse against the child had been made. The court was also required to consider the implications of two Joint Investigation and Response Team investigations substantiating these allegations, the father being named a person causing harm by the Department of Family and Community Services, the child's expressed fear of the father, and concerns regarding the child's mental health.

Hannam J applied the paramount consideration of the best interests of the child. The court noted the father had not spent time with the child for over two years, the child expressed fear of the father, and the child was receiving counselling for mental health concerns. Given the substantiated allegations of sexual abuse and the father's withdrawal from the proceedings, the court found it appropriate to make the orders sought by the mother.

The court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the father have no contact with the child. Furthermore, the father was restrained from entering or remaining in the child's place of residence or education, and from harassing, stalking, intimidating, or otherwise approaching or contacting the mother and child. Police were authorised to arrest the father without warrant for breaches of this injunction. The mother was also authorised to change the child's surname to 'Auden'.