BRADSHAW & BRADSHAW

The case of *Bradshaw & Bradshaw* concerned an application by Ms Bradshaw (the applicant mother) for final parenting orders in relation to her two children, B and C. Mr Bradshaw (the respondent father) was absent from the hearing. The proceedings had been initiated in 2008 and involved serious allegations of child sexual abuse made by the mother against the father concerning a different child, which led to the father's time with B and C being terminated.

The primary legal issue before the Court was whether it was satisfied that the father no longer sought to participate in the proceedings, thereby permitting the Court to make final orders on a default basis. The Court also had to consider the best interests of the children, B and C, in determining the appropriate parenting orders, having regard to sections 60CA and 60CC of the *Family Law Act 1975* (Cth).

Justice Burr reasoned that the father's prior filing of a Notice of Discontinuance, although in relation to the incorrect document, coupled with his failure to respond to a letter from the Independent Children's Lawyer warning him of the possibility of default orders, demonstrated his lack of intention to participate. The Court was therefore satisfied that it could proceed on a default basis. The orders sought by the mother were found to reflect the de facto situation and were supported by the Independent Children's Lawyer as being in the best interests of the children.

The Court made final orders that the children B and C live with the mother and that she have sole parental responsibility for them. Further orders stipulated that the father spend time with and communicate with the children on a basis to be agreed between the parties. The appointment of the Independent Children's Lawyer was discharged, and all matters were removed from the pending list.