Williams and Williams

In the Family Court of Australia at Newcastle, Justice Mullane considered an application by the maternal grandfather, Mr Williams, for orders concerning the care, welfare, and development of his nine-year-old grandchild, J. The application was brought against the child's mother, Ms Williams, and the child's father, Mr Evans.

The court was required to determine whether to dispense with service of the application on the father, whose whereabouts were unknown and who had no prior relationship with the child. Additionally, the court needed to consider the application for orders regarding J's living arrangements and parental responsibility, in light of the mother's current circumstances and her agreement to the proposed orders.

Justice Mullane accepted the evidence presented, which included affidavits from the applicant grandfather and a memorandum from a counselling service. The court was satisfied that the father's location could not be ascertained despite reasonable efforts, and that he had no knowledge of or contact with J, thus justifying dispensing with service on him. The mother, while unable to attend court due to her rehabilitation program, had acknowledged service and consented to the proposed orders. The court concluded that the orders sought were in the best interests of J.

The court ordered that service of the application and any other documents on the father be dispensed with. It was further ordered that J live with his grandfather, Mr Williams, who was granted parental responsibility for all decisions concerning J's care, welfare, and development. J was also to spend time with his mother as agreed between the grandfather and mother.