MORA & WORLEY (No.2)

This case concerned parenting proceedings before Judge Harman in the Federal Circuit Court of Australia. The applicant father, Mr Mora, sought orders concerning the child X, born in 2011. The respondent mother, Ms Worley, was represented by counsel who informed the court that they lacked sufficient instructions from their client and sought leave to withdraw. The dispute involved allegations of serious neglect and abuse of the child in the mother's care, including drug abuse, exposure to family violence, and the impact of the mother's mental health issues.

The court was required to determine whether the respondent mother had been afforded due process and a reasonable opportunity to participate in the proceedings, given her counsel's inability to obtain instructions. Furthermore, the court had to consider the best interests of the child, specifically whether equal shared parental responsibility was appropriate, and whether the child could safely practice a relationship with the mother. The court also had to address the applicant father's request for sole parental responsibility and the change of the child's surname.

Judge Harman reasoned that the circumstances presented an unacceptable risk to the child, prioritising protection from neglect over the consideration of the relationship with the mother. The court found that neither parent had the capacity to implement arrangements for equal or substantial and significant time. Consequently, the court granted leave for the respondent mother's counsel to withdraw, discharged all prior parenting orders, and made orders for the applicant father to have sole parental responsibility for the child. The court also permitted the father to change the child's surname and significantly restricted the mother's contact with the child, allowing only for the sending of letters and gifts via a nominated PO Box, subject to the father's examination. The court also made orders regarding the reimbursement of costs incurred by the Independent Children's Lawyer and provided a limited window for the respondent mother to apply to re-list the matter with an affidavit explaining her non-appearance at the final hearing.