Jones and Parton & Anor

In the matter of Jones and Parton & Anor, Thornton J of the Family Court of Australia considered final parenting orders concerning two children, B and C. The mother alleged family violence by the father and that one of the children had complained of sexual abuse by him. The mother also had a history of trauma and substance abuse. The father, who had previously been legally represented, failed to appear at the hearing to pursue his application, despite being provided with procedural fairness.

The court was required to determine whether there was an unacceptable risk of the children being exposed to further abuse if ordered to spend time with the father, and consequently, what final parenting orders should be made. The court also had to consider the father's failure to comply with procedural orders and his absence from the hearing.

Thornton J reasoned that the allegations of family violence and child sexual abuse, coupled with the mother's history, created an unacceptable risk to the children. The court found that it was in the best interests of the children to make orders that provided for their safety and well-being. The court granted leave for the hearing to proceed on an undefended basis due to the father's non-appearance.

Consequently, the court ordered that the mother have sole parental responsibility for child C, that C live with the mother, and that C spend no time with the father. The father was permitted to send letters, cards, and gifts to C, subject to the mother's satisfaction as to their appropriateness. No parenting orders were made in respect of child B, and the appointment of the Independent Children’s Lawyer was discharged. The mother's application for costs was reserved and later refused.