Yeates and Tank

In the Family Court of Australia, Mr Yeates (the Father) sought to vary final parenting orders concerning his child, B, against Ms Tank (the Mother). The dispute centred on parental responsibility and the ability to obtain a passport for the child. The Father sought sole parental responsibility for B and for the Mother's consent to obtaining a passport to be dispensed with.

The court was required to determine whether to grant the Father sole parental responsibility for the child, thereby varying the existing order for equal shared parental responsibility. Additionally, the court had to consider whether to dispense with the Mother's consent for the child to obtain a passport, pursuant to section 65Y of the *Family Law Act 1975* (Cth).

Justice Kent noted that while the Mother did not appear at the hearing, either physically or by telephone, her written response indicated she did not oppose the orders sought by the Father. She expressed reluctant agreement to the Father having sole parental responsibility and also agreed to the dispensation of her consent for the child's passport. The court found that, based on the material provided, there was no substantive opposition from the Mother to the orders sought. Consequently, the court ordered that the Father have sole parental responsibility for the child and that the Mother's consent for obtaining a passport be dispensed with. The orders were to be served on the Mother, who was granted liberty to apply within fourteen days of service if she believed the court had misunderstood or misinterpreted her provided documents.