GARTH & SABOSKI

In this matter before Rees J, the mother sought final parenting orders for the parties' seven-year-old child. The father did not appear at the final hearing, and the proceedings were conducted undefended. The case involved serious allegations of family violence and substance abuse by both parents. The mother had a history of alcohol abuse but was currently sober, while concerns were raised about the father's mental health and substance abuse. The court found that each parent had perpetrated family violence against the other.

The primary legal issues before the court were whether to grant the mother's application for final parenting orders, the extent of parental responsibility to be allocated, and the nature of the time the child would spend with each parent, given the findings of family violence and the parents' inability to communicate effectively regarding the child's needs. The court also considered the father's application to re-open the substantive proceedings.

Rees J determined that the presumption of equal shared parental responsibility was rebutted due to the findings of family violence and the parents' demonstrated inability to communicate about the child's welfare. The court found that the father's application to re-open the proceedings was not in the interests of justice, as he had sufficient notice of the hearing but failed to attend. Consequently, the court made orders for the child to live with the mother and for the mother to have sole parental responsibility. The father was permitted to spend time with the child on every third weekend, but this time was subject to significant oversight by the paternal grandfather and facilitated through a contact centre, with specific undertakings required from the grandfather to ensure the child's safety. The father was also ordered to pay costs for his interim application to re-open the proceedings.