BANNON & JERVIS

In the matter of Bannon & Jervis, the applicant father sought final parenting orders on an undefended basis. The dispute concerned the parental responsibility for two children, their living arrangements, and time spent with the mother. The court was the Family Court of Australia, presided over by Thornton J.

The primary legal issues before the court were whether procedural fairness had been afforded to the mother, who had filed a Notice of Discontinuance but had not otherwise participated in the proceedings, and whether the father should be granted leave to proceed on an undefended basis. The court was also required to determine the best interests of the children in making final parenting orders, considering the father's proposal for sole parental responsibility, the children living with him, and spending time with the mother as agreed between the children and the mother.

Thornton J found that procedural fairness had been afforded to the mother, noting her lack of participation and the absence of new material filed by her. The court was satisfied that the father had taken steps to notify the mother and her parents of the proceedings, including by email and registered post, and that service could otherwise be dispensed with. Applying the best interests of the children as the paramount consideration, and in the absence of any contrary evidence, the court made orders in accordance with the father's proposal.

Consequently, the court granted the father leave to proceed on an undefended basis, discharged previous parenting orders save for one, and ordered that the father have sole parental responsibility for the children. The children were ordered to live with the father and spend time with the mother as agreed between the children and the mother. Further orders addressed the release of the children's passports to the father, permission for holiday travel outside Australia, the return of specific items by the mother, payment of arrears for school fees, and the method of service of the final orders. The mother was granted leave to seek to set aside or vary the orders within 14 days of service, provided she filed proper material including an explanation for her non-attendance.