HOUROS & GERBER

In *Houros & Gerber*, heard by Foster J, the dispute concerned parenting orders for a child born in 2009. The applicant father sought orders for time with the child, while the respondent mother sought sole parental responsibility, the child to live with her, and no time to be spent with the father. The court was required to determine the best interests of the child, particularly in circumstances where the father had no existing relationship with the child, there were concerns regarding his parenting capacity, and time with him might pose a risk of harm.

The court's reasoning focused on the paramount consideration of the child's best interests. Foster J noted that the father had disengaged from the proceedings, despite being afforded procedural fairness, which led to the matter proceeding to an undefended final hearing. The court applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the child, weighing the evidence presented regarding the father's parenting capacity and the potential risks to the child.

Consequently, Foster J ordered that all previous parenting orders be discharged. The respondent mother was granted sole parental responsibility for the child, with the child to live with her. Crucially, the court ordered that the child spend no time with the applicant father, reflecting the findings made in relation to the child's best interests and the circumstances of the case.