SPENCER & GREENTREE

This matter concerned an application by the father and mother regarding their three children. The mother sought orders that the children spend no time with the father, alleging family violence perpetrated by the father against her in the presence of the children, and expressing concerns about the father's mental health. The father had disengaged from the proceedings and had not had a relationship with the children for over four years. The mother also sought to change the children's surname to that of her new partner. The court was required to determine the parenting arrangements for the children, specifically whether they should spend any time with the father, and whether the surname change should be permitted.

The court was required to consider the paramountcy of the children's best interests in determining the parenting orders. This involved assessing the impact of the father's alleged family violence and his disengagement from the children's lives, as well as the children's exposure to trauma. The court also had to consider the appropriateness of allowing the mother to change the children's surname. Given the father's disengagement, the court determined it was appropriate to proceed with the final hearing on an undefended basis.

Applying the principles of the *Family Law Act 1975* (Cth), the court found that it was not in the children's best interests to spend any time with the father, particularly in light of the allegations of family violence and the prolonged period of disengagement. The court also determined that it was not appropriate to permit the change of the children's surname. Consequently, the court made orders granting the mother sole parental responsibility for the children, that the children live with the mother, and that they spend no time with the father. The father was also restrained by injunction from communicating with the children and the mother.