Tisdall & Tasman

In the Family Court of Australia, Dawe J considered a dispute between a mother and father concerning parenting orders for their two children, aged 16 and 14. The father failed to attend a hearing or participate by telephone when contacted by the Court, leading to the question of whether the proceedings should continue on an undefended basis.

The Court was required to determine whether to proceed with the hearing in the father's absence and, if so, to make final parenting orders. This involved considering the presumption of equal shared parental responsibility and whether it was rebutted, assessing the children's living arrangements, and taking into account the children's expressed views and the need to protect them from further litigation. The Court also had to consider the father's health and his capacity to attend Court and participate in proceedings.

Dawe J found that the presumption of equal shared parental responsibility was rebutted. The Court noted the eldest child was living independently and that the father's health and capacity to participate in proceedings and spend time with the children were significant concerns. The Court determined it was appropriate to make final orders to protect the children from ongoing litigation.

Consequently, the Court ordered that the mother have sole parental responsibility for both children and that the youngest child live with the mother. The father was granted liberty to reinstate his applications within six months, provided he filed reports from his General Practitioner and an independent psychiatrist detailing his capacity to participate in proceedings and to spend time with or communicate with the children. All previous parenting orders were discharged, and all proceedings were dismissed.