Bolton and Kilroy

This matter concerned parenting orders for a child born in 2011, brought before Johns J. The dispute involved the mother seeking orders that the child live with her and that she have sole parental responsibility for long-term decisions regarding the child's care, welfare, and development. The father had elected not to participate in the proceedings.

The court was required to determine the best interests of the child in light of the mother's application and the father's non-participation. Specifically, the court considered the likely effect of any changes in the child's circumstances, the practical difficulties and expense of the child spending time with the father, and the capacity of each parent to provide for the child's needs, including emotional and intellectual needs. The court also considered the attitude of each parent towards the child and their responsibilities, as well as the child's maturity, sex, lifestyle, and background.

Johns J reasoned that the orders sought by the mother would ensure a continuation of the arrangements that had been in place since April 2017, during which time the mother had been the sole carer and the child was thriving. The court accepted the mother's unchallenged evidence that she had met all of the child's financial needs, including school-related expenses, and that the child was doing well at school and in extra-curricular activities. Given the father's non-participation and the mother's demonstrated commitment and capacity as the primary caregiver, the court was satisfied that the proposed arrangements were appropriate and in the child's best interests.

The court ordered that all previous parenting orders be discharged, that the child live with the mother, and that the mother have sole parental responsibility for long-term decisions. The appointment of the Independent Children's Lawyer was discharged after one month. The court also found it reasonable for the mother to engage legal counsel and dismissed all extant parenting applications. The particulars of the obligations and consequences of contravention were set out in an annexure to the orders.