MURNANE & MURNANE

In the matter of *Murnane & Murnane*, Stevenson J of the Family Court of Australia considered an undefended final parenting hearing concerning the child, X. The mother sought sole parental responsibility for X, that X live with her, and that X spend no time and have no communication with the father. The father had disengaged from the proceedings. The case involved allegations of sexual abuse of the child, and the child had previously been in out-of-home care. The mother had been the child's full-time carer since X left out-of-home care, and the father had not taken the opportunity to spend supervised time with the child. An intervention order was in place against the father for the protection of the mother and child, and the mother had made allegations of family violence against the father.

The primary legal issues before the Court were whether to grant the mother sole parental responsibility for X, whether X should live with the mother, and whether X should spend no time and have no communication with the father. The Court also considered the father's restraint from attending X's school and primary place of residence, and the mother's sole responsibility for obtaining a passport for X. A further issue arose regarding the adequacy of notice provided to the father concerning the orders sought by the Independent Children’s Lawyer.

Stevenson J reasoned that the Court was dealing with the mother's application on an undefended basis due to the father's disengagement. The Court was not satisfied that the father had received adequate notice of the orders sought by the Independent Children’s Lawyer. Nevertheless, based on the material before the Court, including the allegations of sexual abuse, the child's time in out-of-home care, the mother's role as the primary carer, the father's lack of engagement with supervised time, and the existing intervention order due to family violence, the Court made orders reflecting the mother's application.

The Court ordered the discharge of all existing orders concerning the child. The mother was granted sole parental responsibility, and the child was ordered to live with the mother. Crucially, the child was ordered to spend no time and have no communication with the father. The father was restrained from attending the child's school and her primary place of residence. The mother was given sole responsibility for and authorised to obtain a passport for the child.