Felton & Anor & Chupin

In the matter of *Felton & Anor & Chupin*, Foster J of the Family Court of Australia considered an application concerning the welfare of a child. The applicants, identified as the maternal grandmother and her de facto partner, sought orders relating to the child. The mother, while initially consenting to the orders sought, had disengaged from proceedings due to ill health. The father had no existing relationship with the child and a history of family violence was noted.

The court was required to determine whether to dispense with service of the application upon the father, given his unknown whereabouts and the potential risk of harm to the child and mother. Furthermore, the court had to consider the best interests of the child in making final parenting orders, particularly in circumstances where the applicants had provided primary care for some years, the mother's capacity to care was a concern, and the father had no ongoing involvement with the child.

Foster J reasoned that dispensing with service on the father was appropriate due to the unacceptable risk of harm to the child and mother, the father's lack of engagement with the child since birth, and his unknown whereabouts. Applying the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the child, the court found that it was in the child's best interests for the orders sought by the maternal grandmother and her partner to be made. These orders reflected the de facto care arrangements that had been in place for some years.

The court made orders as sought in the earlier Application for Consent Orders, granting the maternal grandmother and her de facto partner the primary care of the child.