Crowther and Mather

In the Family Court of Australia, Justice Murphy considered an application by the father concerning parenting arrangements for two children, M Crowther and L Crowther, and the mother's whereabouts. The father sought to vary existing consent orders regarding parental responsibility for school collections and to obtain a passport for one of the children. A significant issue was the inability to personally serve the mother with the application and supporting documents.

The court was required to determine whether to proceed ex parte, how to vary the existing consent orders concerning the collection of M Crowther from school, whether to grant authority for the father to obtain a passport for L Crowther, and crucially, the appropriate method of service on the mother given her apparent unavailability. The court also had to consider the future conduct of the proceedings, including the possibility of an agreed outcome.

Justice Murphy ordered that the proceedings be heard ex parte. The court varied the previous consent orders to grant the father sole parental responsibility for arranging the collection of M Crowther from school, specifying who was authorised to collect the child. The court also ordered the mother to take necessary steps to enable the father to obtain a passport for L Crowther. Given the difficulties in serving the mother, the court made detailed orders for substituted service, first by instructing solicitors to attempt personal service within 14 days, and if unsuccessful, by authorising service by post to the mother's last known address and to her solicitors. These methods of service were deemed effective notwithstanding the usual Family Law Rules. The father's application was adjourned for further hearing, to be conducted by video link, with liberty for the parties to file minutes of consent orders if they reached agreement. Costs were reserved.