McCallan & Anor and Roche

In the matter of *McCallan & Anor and Roche*, heard before Bennett J, the dispute concerned parental responsibility and living arrangements for a child. The applicant was the maternal grandmother, Ms Carr, and the independent children's lawyer, seeking orders regarding the child, B. The father, Mr Roche, was called to the court but did not respond.

The primary legal issues before the court were whether to grant leave for the final hearing to proceed on an undefended basis, and to determine who should have sole parental responsibility for the child, where the child should live, and the extent of the father's future contact with the child. The court was also required to consider the implications of the father's absence from the proceedings.

Bennett J reasoned that, given the father's failure to appear after being called, it was appropriate to grant leave for the final hearing to proceed on an undefended basis. The court then made orders granting the maternal grandmother, Ms Carr, sole parental responsibility for the child and ordering that the child live with her. The court clarified that there was no extant order entitling the father to spend time with the child, and such contact would require the express agreement of the maternal grandmother. The independent children's lawyer was discharged, and the court included a Fact Sheet detailing the particulars and consequences of the orders made, pursuant to Sections 65DA(2) and 62B of the relevant legislation. All other extant applications were dismissed, and the matter was removed from the court's docket. The publication of the reasons for decision was reserved.