Musil and Cullen & Anor

In the matter of *Musil and Cullen & Anor*, Foster J of the Family Court of Australia considered an application by the paternal aunt, Ms Musil, for parenting orders concerning a child, B. The child was born in Australia, and her mother, Ms Cullen, had left her in the care of the paternal family before returning to New Zealand. Both parents had disengaged from the proceedings, with the father, Mr Dernier, never having participated and the mother only intermittently engaging.

The court was required to determine whether it was appropriate to proceed to an undefended hearing given the parents' lack of participation. Furthermore, the court had to consider the best interests of the child, particularly in light of concerns regarding the parenting capacity of both the mother and the father. These concerns included the father's conviction for sexual abuse of his daughter and the mother's history of having her two older children removed from her care by New Zealand authorities.

Foster J reasoned that it was appropriate to proceed to an undefended hearing due to the parents' persistent disengagement. In assessing the child's best interests, the court noted that the paternal aunt had been the primary carer for over 18 months, the child identified her as her mother, and no concerns were held regarding the aunt's parenting capacity. The court also considered that the child would have been removed from her parents' care by Child Youth and Family services had she been born in New Zealand.

Consequently, the court made orders granting the paternal aunt sole parental responsibility for the child, stipulating that the child live with her and have no contact with her parents. The child was also permitted to obtain an Australian travel document and travel internationally, with the paternal aunt authorised to remove the child from Australia at her discretion. The court further made orders restraining the parents from removing the child from Australia and requested the Australian Federal Police place the child on the Airport Watch List.