Willems and Babcock

In Willems and Babcock, heard by Judge Betts, the dispute concerned parenting orders for two children, [X] and [Y]. The father, Mr Willems, had failed to attend the final hearing and two previous hearings, leading to the court making final orders in his absence.

The court was required to determine the primary issue of who should have sole parental responsibility for the children and with whom the children should live. Further issues included the extent of the father's future contact with the children, the father's ability to remove the children from school or other institutions, and his ability to attend the mother's residence. The court also considered the children's passports and the mother's ability to travel internationally with them.

Judge Betts reasoned that given the father's repeated non-attendance at court hearings and the serious nature of the orders made, it was in the children's best interests for the mother to have sole parental responsibility. The court applied the paramount consideration of the children's welfare and best interests, as well as the principles established in *Rice v Asplund* regarding the need for a substantial change in circumstances to entertain further parenting proceedings after final orders have been made. The court also considered the father's conduct as a factor in determining the appropriate orders.

The court ordered that all previous parenting orders be discharged and the father's application be dismissed. The mother was granted sole parental responsibility and the children were to live with her. The father's time with the children was to be determined by the mother in her sole discretion, with specific written communication requirements and the possibility of supervised contact. The father was restrained from removing the children from school or institutions without the mother's written consent and from attending the mother's residence without her consent. The mother was permitted to apply for passports for the children and to travel internationally with them, notwithstanding the father's lack of consent. The court also ordered that copies of the reasons for judgment and orders be provided to the Department of Family and Community Services (NSW) and the Commissioner of Police (NSW).