SADKO & COLEMAN

In this matter before Justice Macmillan, the applicant father sought final parenting orders concerning the child of the relationship. The application proceeded on an undefended basis due to the respondent mother's failure to comply with court orders and her subsequent non-appearance at the hearing. The mother's whereabouts were unknown, and she had a history of mental illness and illicit drug use.

The court was required to determine whether to grant leave for the matter to proceed on an undefended basis, considering the principles outlined in Division 12A of the *Family Law Act 1975* (Cth). It also had to consider the substantive application for final parenting orders, including the father's request to return to his country of employment with the child, given the child had previously been living primarily with him.

Justice Macmillan applied the principles governing undefended hearings, noting the applicant's compliance with procedural requirements and the respondent's failure to engage with the proceedings. The court considered the child's best interests, taking into account the mother's absence and history. The orders made reflected the father's request for sole parental responsibility and the child to live with him, while also providing for limited telephone and Skype contact with the mother. The court also made orders concerning the child's passport, the removal of the child's name from an airport watch list, and the notification of the mother regarding future decisions.