Elton & Donato

In the matter of *Elton & Donato*, heard by Foster J, the dispute concerned parenting orders for two children. The applicant mother sought orders for sole parental responsibility, that the children live with her, and for permission to obtain Australian travel documents and travel internationally with the children without the father's consent. The hearing proceeded on an undefended basis.

The court was required to determine whether it was appropriate to make orders granting the mother sole parental responsibility, that the children live with her, and that she be permitted to travel internationally with the children without the father's consent. The court also considered the father's alleged drug use and perpetration of family violence as detailed in the mother's affidavit evidence.

Foster J reasoned that the mother's allegations of the father's long history of substance abuse, including specific incidents of drug possession and use within the family home, and his threatening behaviour towards her, supported proceeding on an undefended basis. The court found that the father's conduct, including admissions of a "cocaine and gambling problem" and instances where children were exposed to his drug use and paraphernalia, posed a risk of neglect if the children were in his care. Consequently, the court discharged prior orders and made new orders granting the mother sole parental responsibility, that the children live with her, and that she be permitted to travel internationally with the children and obtain travel documents without the father's consent, pursuant to section 11(1)(b) of the *Australian Passports Act 2005*.

The court ordered the discharge of all prior parenting orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with the mother. The children were to spend time with the father as agreed between the parents, or failing agreement, as determined by the mother. The mother was permitted to travel internationally with the children and to obtain Australian travel documents for them without the father's consent. Judgment was reserved on costs.