Trent & Anor and Calder

In the matter of *Trent & Anor and Calder*, Hogan J of the Family Court of Australia considered an application for leave to commence adoption proceedings. The applicants sought to adopt a child, B, born in 2004. The respondent father's whereabouts were unknown, and there had been no contact with him for 12 years. The court also noted a previous history of family violence.

The primary legal issues before the court were whether to grant leave to commence adoption proceedings pursuant to section 60G(1) of the *Family Law Act 1975* (Cth) and whether to dispense with the requirement to serve the respondent father with the initiating application and supporting affidavits, pursuant to Rule 7.18 of the *Family Law Rules 2004* (Cth).

Hogan J reasoned that given the respondent father's unknown location and the prolonged absence of contact, coupled with the history of family violence, it was appropriate to dispense with service. The court found that the applicants had made reasonable efforts to locate the respondent and that further attempts would likely be futile and potentially expose the applicants to risk. Consequently, the court granted the applicants leave to commence the adoption proceedings and dispensed with the requirement for service on the respondent father.