Hambly and Anor and Clifton

In the matter of *Hambly and Anor and Clifton*, Judge Harland of the Federal Circuit and Family Court of Australia considered orders concerning a child, X. The dispute involved the living arrangements and parental responsibility for the child, as well as the mother's ability to spend time with X and obtain a passport for the child. The mother had initially participated in the proceedings but subsequently disengaged without explanation.

The court was required to determine the final orders regarding the child's residence, parental responsibility, and the terms upon which the mother could spend time with the child. Key issues included whether the father should have sole parental responsibility, the conditions under which the mother could have contact, and the process for obtaining an Australian passport for the child without the mother's consent. The court also had to consider the practicalities of overseas travel for holidays and the impact of contact arrangements on the child's schooling.

Judge Harland reasoned that the child should live with the maternal grandmother and the father, and that the father should have sole parental responsibility. This decision was made in light of the mother's disengagement from the proceedings. The court permitted the father to apply for an Australian passport without the mother's consent and allowed the father or maternal grandmother to take the child overseas for holidays. The mother's time with the child was significantly restricted, requiring 28 days' notice, a clean drug test at her expense, and adherence to specific conditions regarding notification of the child's whereabouts, availability for telephone calls, and ensuring no impact on schooling.