MILLER & BRASS

In the matter of *Miller & Brass*, heard before Dawe J, the father sought to resume spending time with the child. This request was made notwithstanding a significant period during which the father had not had any contact with the child. The court was therefore required to consider the child's best interests in determining whether to grant the father's application.

The primary legal issues before the court were whether to suspend previous orders that facilitated the father spending time with and communicating with the child, pending a final hearing, and whether to dismiss the proceedings if the father failed to take further steps. The court also considered the implications of the father's indication that he wished to discontinue the proceedings.

Dawe J reasoned that the father's failure to engage with the child for a substantial period, coupled with his expressed desire to discontinue proceedings, necessitated a cautious approach. The court determined that it was in the child's best interests to suspend existing contact and communication orders until a final determination could be made. Furthermore, the court indicated that if the father did not file further documents within 14 days, the proceedings would be dismissed, and final orders would be made granting the mother sole parental responsibility, with the child living with her. The Independent Children’s Lawyer would be discharged, and all prior court orders concerning the child would be discharged.