SALIB & SALIB

In the matter of *Salib & Salib*, the Federal Circuit Court of Australia, presided over by Thornton J, considered final parenting orders concerning a child. The dispute arose in circumstances where the child resided with the mother and refused to spend supervised time with the father, having had no contact for approximately 12 months. The father had a history of abusive behaviour towards the mother, criminal conduct, and illicit substance use. The mother also had a history of driving offences and illicit substance use, but had since left the relationship and demonstrated rehabilitation. The Department of Health and Human Services had returned the child to the mother's care.

The court was required to determine the most appropriate final parenting orders, specifically addressing the issues of parental responsibility, the child's living arrangements, and the nature and extent of any time or communication between the child and the father. A further procedural issue was the father's failure to comply with previous procedural orders and his non-appearance at trial, necessitating a decision on whether to grant the mother leave to proceed on an undefended basis.

Thornton J reasoned that, given the father's history of abuse, criminal behaviour, and substance use, and the child's refusal to engage in supervised time, it was not in the child's best interests for the father to spend time with the child. The court applied the paramount consideration of the child's welfare and best interests, as enshrined in the *Family Law Act 1975* (Cth). The court also considered the mother's demonstrated rehabilitation. Procedural fairness was afforded to the father despite his non-compliance and absence, and leave was granted for the hearing to proceed undefended.

Consequently, the court ordered that the mother have sole parental responsibility for the child, and that the child live with the mother. The father was ordered to spend no time with the child, save for by further order of the court, and to have no communication with the child. However, the father was permitted to forward cards and gifts for the child on special occasions, and the mother was ordered to forward a photograph of the child to the father twice yearly. The court also made orders regarding the provision of residential addresses and the discharge of previous orders, including those relating to an Independent Children's Lawyer.