HILLIER & TRUMAN

In the Family Court of Australia, Judge Scarlett considered a dispute between Ms Hillier (the Mother) and Mr Truman (the Father) concerning their child, X, who was two years and six months old. The Mother sought sole parental responsibility for the child and sought to change the child's surname. The Father had not seen the child for 15 months, had not filed a Response to the Mother's application, and had failed to attend a Child Dispute Conference and the court hearing.

The court was required to determine whether it was in the best interests of the child to grant the Mother sole parental responsibility and to authorise a change of the child's surname. The court also had to consider the arrangements for the child spending time with the Father.

Judge Scarlett applied the paramount consideration of the best interests of the child in making parenting orders. Given the Father's prolonged absence from the child's life and his failure to engage with the court process or demonstrate any commitment to the child's welfare, the court found that it was in the child's best interests for the Mother to have sole parental responsibility and for the child to live with her. The court also authorised the Mother to change the child's surname, again finding this to be in the child's best interests. Arrangements for the child to spend time with the Father were to be agreed in writing between the parties, or otherwise at the Mother's sole discretion, with provisions for supervised contact through a contact centre if agreed, with the Father to bear the costs.