TISDALE & ROGANDA

This matter concerned an application for final parenting orders brought by the wife/mother against the husband/father. The court was required to determine whether to make the orders sought by the wife/mother, proceeding on an undefended basis due to the husband/father's failure to comply with a previous order and his failure to attend the final hearing. The court's primary consideration was the best interests of the two children, B and C.

The legal issues before the court were whether the proposed consent orders between the wife/mother and the independent children's lawyer were in the children's best interests, and whether the court could proceed to judgment under the relevant rules of court given the husband/father's non-compliance and absence. The court was also required to consider the husband/father's previous application for equal shared parental responsibility and a 50/50 time split for the children.

The court reasoned that it was satisfied it could proceed to judgment under Rules 11.02(2)(c) and 16.07(1) of the relevant rules, given the husband/father's non-compliance and failure to attend. The court considered the material filed by both parties, including the husband/father's affidavit and the reports of two family report writers. The court found that the proposed consent orders, agreed between the wife/mother and the independent children's lawyer, were in the children's best interests, having regard to the matters set out in section 60CC of the relevant Act and the opinions of the family report writers. The court noted that one of the report writers, Ms G, did not interview the father as he failed to attend his scheduled interview. The court concluded that the orders sought by the father were not in the children's best interests.