Shabul and Moylan and Anor

This matter concerned an application for interim parenting orders. The applicant, Mr Shabul, sought orders regarding the child D, who was living with him. The child’s mother, Ms Moylan, resided in another State and there was no indication of her return. The child’s father had recently completed a detoxification course and had not attempted to spend time with the child. The court was required to consider the relevant factors under section 60CC of the *Family Law Act 1975* (Cth), including the child’s Aboriginal culture and kinship obligations.

The court determined that equal shared parental responsibility should be allocated between the applicant and the child’s mother. The court also considered the issue of substituted service on the first respondent, Ms Moylan, and service on the second respondent. The court noted the need for information regarding the child’s Aboriginal culture and kinship obligations to comply with section 61F of the Act.

In its reasoning, the court applied the principles of section 60CC of the *Family Law Act 1975* (Cth) in assessing the best interests of the child. The court found that it was appropriate to make interim orders for the child to live with the applicant. The court also indicated its intention to proceed under section 65G(2)(b) if a consent order was to be made in favour of the applicant, subject to the provision of necessary information.

The court ordered that the applicant effect substituted service on the first respondent by telephone and that a copy of the documents be sent to the second respondent via registered post. Until further order, the applicant and the first respondent were granted equal shared parental responsibility for the child, and the child was to live with the applicant. The matter was adjourned for further determination.