Vidler and Vidler

The proceedings before the Federal Circuit Court of Australia involved Mr Vidler (the applicant father) and Ms Vidler (the respondent mother) concerning parenting arrangements for their two children, [X] and [Y]. The dispute centred on allegations of family violence and substance abuse by the mother, which the father contended warranted a significant alteration to the existing shared-care arrangements.

The court was required to determine the best interests of the children, specifically addressing the impact of the alleged family violence and the mother's alleged substance abuse on the children's welfare. Key legal issues included the weight to be given to the children's wishes, the definition and impact of family violence under the *Family Law Act 1975* (Cth), and the court's power to make orders for sole parental responsibility and specific living arrangements in light of the allegations and the mother's non-appearance.

The court reasoned that the mother's failure to appear or provide a response, despite being served and having previously participated in proceedings, meant the matter could proceed on an undefended basis. The court considered the father's extensive affidavit evidence, including allegations of a violent incident involving the mother and her partner, which resulted in the child [Y] being exposed to the aftermath of the assault. Furthermore, the court noted the mother's admission of intoxication during an incident and her failure to provide court-ordered drug tests, which, in conjunction with her prior admissions of drug use and rehabilitation, led the court to accept the father's allegations of substance abuse. Applying principles from cases such as *Jones & Dunkel* (1959) 101 CLR 298, the court found it could accept the veracity of the father's allegations due to the mother's failure to disprove them.

Consequently, the court ordered the discharge of all existing parenting orders. The father was granted sole parental responsibility for both children, and the children were ordered to live with him. All outstanding applications and responses were dismissed, and the matter was removed from the list.