Trentham and Simons

The Family Court of Australia heard proceedings between Ms Trentham (the applicant mother) and Mr Simons (the respondent father) concerning their child, C. The dispute centred on whether the child should spend time with the father, and if so, under what conditions, given concerns about the father's chronic drug use and his attitude towards his parental responsibilities. The father failed to engage in the final stages of the proceedings, leading to an undefended hearing.

The court was required to determine the best interests of the child, C, pursuant to sections 60B, 60CA, 60CC, 61DA, and 65DAA of the *Family Law Act 1975* (Cth). Specifically, the court had to consider the nature of the child's relationship with the father, the father's capacity to provide a safe and nurturing environment, and whether any time spent with the father should be subject to restrictions to protect the child from harm.

Justice Foster applied the principles of the *Family Law Act 1975* (Cth) to the evidence presented. The court noted the father's disengagement from the proceedings and his failure to attend court. Significant concerns were raised regarding the father's ongoing drug use, including allegations of marijuana use and sale from his home, as reported by the child. The court also considered the child's expressed desire to limit contact with the father to supervised settings, such as a contact centre. Given these factors, the court concluded that it was in the child's best interests to discharge previous orders, grant the mother sole parental responsibility, and order that the child live with the mother.

The court ordered that the child spend time with the father on conditions agreed to in writing by the mother. Further orders were made to facilitate communication regarding the child's education and medical care, and to ensure that parents inform each other of any changes in address or significant events concerning the child. All non-emergency communications between the parents were to be conducted via SMS text message. All outstanding applications and cross-applications were dismissed.