SHIVA & KAPIL

In the Family Court of Australia, Justice Macmillan presided over proceedings concerning the child B, born in 2012. The mother sought sole parental responsibility, that the child live with her, and that any time spent with the father be by agreement. The father had failed to comply with previous court orders and did not appear at the final hearing. The mother alleged physical and verbal abuse by the father, and outstanding warrants for the father's arrest meant that supervised time could not occur.

The court was required to determine the appropriate final orders regarding the child's living arrangements and parental responsibility, considering the father's non-compliance with court orders, his absence from the hearing, and the allegations made by the mother. Additionally, the court had to consider applications for costs made by the mother and the Independent Children's Lawyer.

Justice Macmillan reasoned that given the father's failure to comply with court orders, his absence from the final hearing, and the fact that he had not seen the child for over two and a half years, it was in the child's best interests to make orders reflecting the mother's application. The court discharged previous orders and granted the mother sole parental responsibility, with the child to live with her. Time with the father was to be only by written agreement. The court also made orders regarding the child's passport and requested the Australian Federal Police remove the child from the Airport Watch List. Regarding costs, while no order was made for the final hearing, the father was ordered to pay the mother's costs in a fixed sum of $1,642 for three prior court dates he failed to attend.