Gordon & Gordon

In *Gordon & Gordon*, Forrest J considered an application by a mother for urgent parenting orders concerning her two children. The proceedings were brought on an ex parte basis, with the court dispensing with the usual requirement for service of the application and supporting affidavit on the father. The mother sought orders for sole parental responsibility, that the children live with her and spend no time with the father, and permission for international travel with the children, including the ability to obtain new passports without the father's consent.

The primary legal issues before the court were whether to make interim parenting orders on an ex parte basis, and if so, what orders were in the best interests of the children, particularly in circumstances involving family violence. The court also had to consider the necessity of suppression and non-publication orders to protect the safety of the mother and children.

Forrest J reasoned that the ex parte nature of the application was justified due to the presence of family violence, which necessitated immediate protection for the mother and children. The court applied the paramount consideration of the best interests of the children, as stipulated in the *Family Law Act 1975* (Cth). Given the circumstances, the court found it was in the children's best interests to reside solely with the mother and have no contact with the father at that time. The court also made extensive suppression and non-publication orders, pursuant to s 102PF(2) of the *Family Law Act 1975* (Cth), to safeguard the mother and children's safety.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, and the children were to live with her and spend no time with the father. The children's expired passports were to be returned to the mother, who was permitted to remove them from Australia and apply for new passports without the father's consent. The court also requested the Australian Federal Police remove the children's names from the Airport Watch List and made significant suppression and non-publication orders regarding the mother's new name and the proceedings, deeming them necessary for the protection of the mother and children.