Petteway and Simons

The Family Court of Australia heard proceedings between Ms Petteway (the Applicant Mother) and Mr Simons (the Respondent Father) concerning parenting orders for their two children. The Mother sought orders allowing her to relocate to Sweden with the children, with continued time spent by the children with the Father in both Sweden and Australia. The trial was scheduled to commence on 14 February 2013, but the Father did not appear.

The primary legal issue before the court was whether to grant an adjournment of the trial due to the Father's non-attendance. The Father's solicitors had been unable to contact him since 18 January 2013 and expressed concern that his absence might be due to mental incapacity, referencing a previous psychotic episode. The Mother and the Independent Children's Lawyer opposed the adjournment, citing the lengthy history of the proceedings and the Father's alleged lack of commitment.

Justice Kent granted the adjournment, emphasising the principle that parties have a right to be heard. While acknowledging the Mother's urgency and the children's best interests, the court determined that the Father's position should be known if possible. The court made orders requiring the Father's solicitor to file an affidavit detailing efforts to contact the Father and ascertain the reasons for his non-attendance by 14 March 2013. The Father was also ordered to file his own affidavit explaining his absence. Liberty was granted to the Mother and Independent Children's Lawyer to apply for the matter to be heard on an undefended basis if a satisfactory explanation for the Father's non-attendance was not provided. The trial was adjourned to 7 and 8 May 2013.