Poulos and Lapin

This matter came before Bennett J concerning parenting orders sought by the mother, Ms Poulos, in relation to her children, B and C Lapin. The dispute involved the mother's application to amend her originating proceedings to seek final orders regarding parental responsibility, the children's residence, and their ability to travel internationally. The father's participation in the proceedings was noted as potentially undefended and unopposed.

The primary legal issues before the court were whether to grant the mother leave to amend her application to seek specific final parenting orders, and consequently, to make those orders. These orders included granting the mother sole parental responsibility for the children, with a condition requiring her to provide the father with four months' written notice before relocating the children's residence. The court also considered the mother's request for permission to apply for Australian passports for the children and to travel internationally with them without the father's consent, and the associated request to the Department of Immigration and Citizenship.

Bennett J reasoned that the matter could proceed on an undefended and unopposed basis, allowing for the amendment of the application and the making of the sought-after final orders. The court applied principles relating to the amendment of proceedings and the making of parenting orders, considering the best interests of the children. The court also addressed the practicalities of international travel and passport issuance, making specific requests to the relevant department. The court received into evidence a family report and made provisions for any party wishing to cross-examine the family consultant.

The court ordered that the matter be adjourned for final determination on an undefended basis. Leave was granted to the mother to amend her application to seek specific final orders, which included sole parental responsibility, the children living with the mother, and permission to apply for and use Australian passports for international travel. The court also made orders regarding communication between the parties concerning the children's health, education, and residential information, and clarified the father's limited entitlement to spend time with the children. The court reserved costs and noted that failure to attend or comply with court requirements could lead to the matter being determined without further input from the defaulting party.