Noble and Pradchaphet

The Family Court of Australia heard proceedings between Mr Noble (the Father) and Ms Pradchaphet (the Mother) concerning parenting orders for their child, B. The Father initiated proceedings seeking to place the child on an Airport Watch List. The Mother responded by seeking final parenting orders. The matter proceeded undefended before Kent J, with the Father not appearing.

The primary legal issues before the Court were whether the presumption of equal shared parental responsibility applied, with whom the child should live, and the extent of any time or communication the Father should have with the child. The Court was also required to consider the Father's history of paranoid schizophrenia, his refusal to accept treatment, and allegations of abuse and family violence. Additionally, the Court had to determine whether to grant an injunction restraining the Father from approaching the Mother and whether to remove the child's name from the Airport Watch List.

Kent J determined that the presumption of equal shared parental responsibility did not apply, citing the Father's untreated mental health condition, his refusal to engage with treatment, and evidence of family violence. The Court applied the principles of the *Family Law Act 1975* (Cth), particularly the paramount consideration of the child's best interests, which included protection from harm. The Court found that the Father had been afforded procedural fairness, having had ample opportunity to participate in the proceedings, despite his non-appearance. The Independent Children's Lawyer supported the Mother's final parenting orders.

The Court ordered that all previous parenting orders be discharged. It declared that the Mother have sole parental responsibility for the child, and that the child live with the Mother. The Father was ordered to have no time or communication with the child and was restrained by an injunction from being within 200 metres of the Mother. The Court also ordered the removal of the child's name from the Airport Watch List and directed the Australian Federal Police to give effect to these orders. The Independent Children's Lawyer was discharged.