Gibson and Killen (No 3)

In *Gibson and Killen (No 3)*, Thornton J of the Family Court of Australia considered an application by the mother and the Independent Children’s Lawyer for final parenting orders on an undefended basis. The dispute concerned the future living arrangements and parental responsibility for the child, B.

The court was required to determine whether to make final parenting orders in the best interests of the child, given that the evidence presented was untested. A further issue was whether procedural fairness had been afforded to the father, who had failed to comply with previous court orders and had not attended court.

Thornton J reasoned that despite the untested nature of the evidence, the father's persistent non-compliance with court orders and his failure to attend court meant that procedural fairness had been provided to him, and no alternative proposals had been put forward by him. The court ultimately made orders discharging previous parenting orders, granting the mother sole parental responsibility, ordering that the child live with the mother and spend no time with the father, and striking out the father's response. The mother was also granted liberty to remove the child from Australia for holidays, with the father's consent for future passports dispensed with. The father was ordered to pay costs to the mother and the Independent Children’s Lawyer.