SHAFSTON & SHAFSTON

In the Family Court of Australia, the proceedings involved Ms. Shafston (the Applicant Mother) and Mr. Shafston (the Respondent Father) concerning their three children. The dispute centred on an application to restrict the time the Mother could spend with the children. The matter was heard by Kent J on an undefended basis due to the Mother's failure to appear.

The primary legal issue before the court was whether to make final orders restricting the Mother's time with the children to a 100km radius of Suburb B, New South Wales. This followed an earlier order by Justice Murphy on 20 March 2012, which had directed the Mother to show cause why such a restriction should not be imposed and had also required the Father to provide reasons for the proposed restriction.

Kent J noted that the Mother had not filed the required application to show cause, nor had she appeared at the hearing. The Father had filed an affidavit in support of the proposed restriction, and informed the court that the Mother was aware of the proceedings and the previous orders. Given the Mother's non-appearance and the Father's affidavit, the court proceeded to make orders based on the information before it. The court ordered that the time provided for in the previous orders for the Applicant Mother to spend with the children shall not be exercised by her other than within a 100km radius of Suburb B, New South Wales.