JENKS & RAATAHI

In the matter of *Jenks & Raatahi*, Thornton J of the Family Court of Australia considered an application by the mother for final parenting orders concerning the parties' child. The mother sought these orders on an undefended basis, alleging family violence by the father against both herself and the child. The court was presented with untested evidence regarding these allegations.

The primary legal issues before the court were whether to grant leave to proceed on an undefended basis, the appropriate final parenting orders to be made in the best interests of the child, and the question of procedural fairness given the father's failure to appear. The court also had to consider the implications of the untested evidence of family violence.

Thornton J reasoned that granting leave to proceed on an undefended basis was appropriate given the circumstances. The court applied the paramount consideration of the child's best interests in making its orders. In light of the allegations of family violence and the father's non-attendance, the court determined that it was in the child's best interests for the mother to have sole parental responsibility and for the child to live with the mother. The court also reserved the question of the child's time with the father, indicating that this would be subject to further determination.

Consequently, the court discharged previous parenting orders, save for an order placing the child on the Airport Watch List. The court made orders for the mother to have sole parental responsibility and for the child to live with the mother, with the question of the child's time with the father reserved. The court also issued directions regarding information on family counselling and dispute resolution services, and outlined the particulars of obligations and consequences of contravention of the orders. All other extent applications were dismissed.