FADEL & JARRAH

The Family Court of Australia heard an application by Ms Fadel (the mother) against Mr Jarrah (the father) concerning parenting arrangements for their three children. The proceedings were listed for a substantive hearing, but the father did not appear. The mother sought leave to have her application heard on an undefended basis.

The primary legal issues before the Court were whether to grant the mother leave to proceed undefended, given the father's absence and lack of a reasonable explanation, and, if so, what final parenting orders were in the best interests of the children. The Court also considered applications related to the children's surname change and the ability to obtain replacement passports.

The Court found that the father's explanation for his absence, based on medical certificates, was not a reasonable excuse, particularly in light of his ability to attend a previous court hearing and the Full Court's dismissal of his appeal to vacate the hearing dates. The Court was satisfied that the father was aware of the risk of orders being made in his absence, having been informed by telephone and by letter. Consequently, the Court granted the mother leave to proceed undefended. The Court then made orders for the children to live with the mother and for the mother to have sole parental responsibility, rebutting the presumption of equal shared parental responsibility due to findings of ongoing abuse and family violence. The Court also made orders restraining the father from contacting or approaching the children and the mother, and authorised the mother to change the children's surname and apply for replacement passports without the father's consent, deeming these actions to be in the children's best interests.