TESORIERO & SONORA

In the matter of *Tesoriero & Sonora*, Foster J of the Family Court of Australia considered an application by the mother, Ms Tesoriero, concerning the parenting arrangements for the child, B. The father, Mr Sonora, had disengaged from the proceedings, leading to his legal representatives withdrawing from the case. The proceedings were therefore conducted on an undefended basis.

The central legal issues before the Court were the determination of the child's best interests in relation to parental responsibility, living arrangements, and the extent of time the child should spend with each parent. The Court was also required to consider whether to make orders restraining the father's conduct towards the mother and child, given the circumstances presented.

Foster J's reasoning was heavily influenced by the father's disengagement and the serious allegations made against him. These included allegations that the father had hit the child, a guilty plea to assault of the child, and an apprehended domestic violence order in place protecting the child from the father. The child had also expressed fear of the father. Applying the paramountcy principle of the child's best interests, the Court found it appropriate to proceed on an undefended basis due to the father's lack of participation.

Consequently, the Court made orders granting the mother sole parental responsibility for the child, ordering that the child live with the mother, and that the father spend no time with the child. Further orders were made restraining the father from molesting, harassing, or abusing the mother and/or the child, and prohibiting him from attending their place of residence, employment, school, or loitering within 100 metres of these locations. There was no application for costs by the Independent Children’s Lawyer.