KOZAR & KOZAR

In the matter of KOZAR & KOZAR, heard before Judge Scarlett, the Applicant Mother sought parenting orders concerning her two children, [X] and [Y]. The dispute involved the best interests of the children, specifically regarding international travel and parental responsibility, as well as issues of service of documents on the Respondent Father, who was believed to be outside of Australia and had provided only an email address for contact.

The court was required to determine whether to dispense with the usual requirement for personal service of documents on the Respondent Father and to permit service by email, given the circumstances. Furthermore, the court had to consider the best interests of the children in determining issues of parental responsibility, residence, and the ability of the Applicant Mother to obtain passports and permit international travel for the children.

Judge Scarlett reasoned that the evidence supported an inference that the Respondent Father was not in Australia and that his provision of only an email address indicated a willingness to be contacted through that medium. Consequently, the court dispensed with personal service and ordered that service be effected by forwarding documents to the Respondent's email address. Leave was granted to proceed ex parte. The court then made orders granting the Applicant Mother sole parental responsibility and determining that the children were to live with her. The court further permitted the Applicant Mother to apply for passports for both children without the Respondent's consent and allowed for international travel for holiday purposes to Indonesia and to visit relatives in the Russian Federation for [X], and for visiting relatives in the Russian Federation for [Y].