Rainer and Denham

This matter came before Guest J in the Family Court of Australia concerning parenting orders. The father had filed an application on 16 March 2007, but subsequently failed to prosecute it and instructed his solicitor not to oppose the orders sought by the mother in her response.

The court was required to determine the appropriate parenting orders in light of the father's failure to prosecute his application and his instructions to his solicitor. Specifically, the court considered whether to dismiss the father's application and what orders should be made regarding the children's time with each parent.

Guest J dismissed the father's application filed on 16 March 2007. The court discharged the previous orders made on 23 October 2001, paragraphs 4(a) and (b). New orders were made for the father to spend time with the children, C (born July 1994) and H (born June 1997), for half of each school term and the long summer vacation holiday period, with the specific times to be agreed between the parties. The court also included a Fact Sheet detailing the particulars of these obligations, the consequences of contravention, and assistance available for compliance, pursuant to sections 65DA(2) and 62B of the relevant legislation. All other extant applications were dismissed. The court also noted that it was reasonable to brief Counsel.