Derry and Harwood

This matter concerned an application before Justice Ryan of the Family Court of Australia. The proceedings involved a dispute between the mother and the father regarding parenting orders for their child, T. The mother had filed an application in the Local Court on 1 August 2006, which was subsequently before the Family Court.

The primary legal issues before the court were whether the mother's application should be dismissed for want of prosecution, and in light of this, what parenting orders should be made for the child T. The court was also required to consider the father's application to file an affidavit and the implications of any new orders on existing parenting arrangements.

Justice Ryan granted the father leave to file his affidavit sworn 16 August 2007. The court then dismissed the mother's application for want of prosecution and discharged all prior parenting orders. The court ordered that the child T live with the respondent father and that the respondent father have sole parental responsibility for the child. These orders were made pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*, with particulars of obligations and consequences set out in an attached Fact Sheet. All other outstanding applications were dismissed.