Cheltnam and Lane

In the Family Court of Australia, Mr Cheltnam (the applicant father) sought final parenting orders concerning his child, B, against Ms Lane (the respondent mother). The dispute concerned the child's living arrangements and parental responsibility. The mother had not participated in the court proceedings since filing initial material in December 2011, despite attempts to contact her for a family report and notice of the final hearing.

The court was required to determine whether to make final parenting orders in default of the mother's appearance and participation. Specifically, the court had to consider the implications of the mother's non-engagement on the father's application for sole parental responsibility and for the child to live with him, while also acknowledging the possibility of future applications by the mother.

Justice Kent applied principles relating to default orders in family law proceedings, noting the mother's failure to participate in the court process, including interviews for a family report, and the father's evidence of being unable to contact her. The court was satisfied that the mother had received adequate notice of the proceedings and the intention to seek default orders. The court reasoned that, given the mother's lack of engagement and the father's application supported by the independent children's lawyer, it was appropriate to make final orders.

The court ordered that the child live with the father and have sole parental responsibility, with the child spending time and communicating with the mother as agreed between the parties. The father was also given sole responsibility for the child's ongoing counselling costs. The court noted that the mother might wish to bring a further application to spend time with the child in the future, and that the orders were made on a final basis. All extant applications were dismissed, and provisions were made for the return of subpoenaed documents and exhibits. The independent children's lawyer was discharged upon the expiration of the appeal period or the hearing of any appeal.