GRABLE & MCCORNISH

The Family Court of Australia heard proceedings concerning parenting orders for a child, A, born in 2001. The applicant father, Mr Grable, did not appear at the hearing. The respondent mother, Ms McCornish, and the Independent Children’s Lawyer were present. The court was asked to determine the child's care arrangements and parental responsibility in the father's absence.

The legal issues before the court included whether the proceedings should continue in the absence of a party, particularly where that party had failed to comply with procedural orders. The court was also required to consider the best interests of the child, including whether the presumption of equal shared parental responsibility had been rebutted, especially in light of evidence of family violence. The court also considered whether to make an order for the child to spend no time with the father and whether to declare the father a vexatious litigant.

The court determined that it should proceed with the hearing in the father's absence, finding that he was aware of the proceedings and had deliberately chosen not to appear, without providing any explanation. The court noted the significant history of the matter, commencing in 2006, and the father's previous participation in proceedings, demonstrating an understanding of court processes. The court applied Rule 11.02(2) of the Family Law Rules 2004, which permits the court to determine a case as if it were undefended if a party fails to comply with a procedural order. Given the protracted litigation and the father's non-compliance, the court concluded that it was in the child's best interests to bring the proceedings to an end.

The court ordered that all previous parenting orders be discharged, that the child live with the mother, and that the mother have sole parental responsibility for the child in respect of all major long-term issues. The court further ordered that the child should not spend any time or communicate with the father, and the Independent Children’s Lawyer was discharged. All outstanding applications were dismissed.