COWELL & COX

In this matter before Judge Scarlett, the applicant father sought parenting orders concerning the parties' two young daughters. The respondent mother did not attend court, but had indicated to the applicant that she either consented to or did not oppose the orders sought. However, no draft consent order had been signed by the respondent.

The court was required to determine whether it could make parenting orders by consent in the absence of the respondent mother and without a signed draft consent order. The court also had to consider the best interests of the children in making final parenting orders, including provisions for parental responsibility, living arrangements, and time spent with each parent.

Judge Scarlett granted the applicant leave to proceed ex parte, acknowledging the mother's indication of non-opposition. The court discharged all previous parenting orders. Applying the principles of the best interests of the child, the court made orders for equal shared parental responsibility, with the children to live with the mother. Specific provisions were made for the children to spend time with the father, including regular weekend time, special occasions, and arrangements for changeovers and holidays. The orders also included provisions regarding the children's distress, school collections, and the mother's compliance with medical recommendations, with the father authorised to receive information regarding her mental health.