Zammitt & Lennon (No. 4)

In this matter before Dawe J, the father sought final parenting orders regarding the parties' child, L, including that L live with him and that he have sole parental responsibility. The mother failed to appear or provide instructions to her counsel, leading the court to consider the matter on an undefended basis. Previous final parenting orders had been made by consent concerning the parties' two other children.

The court was required to determine the parenting arrangements for L, specifically with whom the child should live and spend time, and who should have parental responsibility. The court also had to consider the child's best interests in light of the mother's non-attendance and the existing orders concerning the siblings.

Dawe J reasoned that, given the mother's failure to participate, the father's application should proceed on an undefended basis, with the child's best interests as the paramount consideration. The court ordered that all previous parenting orders in relation to L be discharged. The father was granted sole parental responsibility for L, and L was ordered to live with the father. The court also discharged Order 5 of previous orders made on 13 March 2009.

Further orders were made to restrain both parties from abusing, denigrating, or criticising the other parent in the presence of any of the three children. The mother was granted liberty to arrange for school reports and information, but was restrained from approaching or remaining on school premises. Specific arrangements were detailed for L to spend time with the mother on the first Saturday of each month, with handovers to occur at a designated contact service, and costs to be borne equally. The father was to facilitate communication between the children and the mother by telephone at reasonable times, with specific times allocated for the mother to call. All communications between the parties were to be by text message. The mother was ordered to contribute to the cost of transport for L's time with her. The father was to notify the mother of any medical emergencies by text message. The mother was permitted to forward cards, letters, and gifts to the children. Both parties were to keep each other informed of their residential addresses and provide notice of any proposed change to the children's principal place of residence. The father was ordered to attend a psychiatric assessment, with reports to be provided to the court and the Independent Children's Lawyer. The Independent Children's Lawyer's appointment was to be discharged upon receipt of a satisfactory report. All extant applications were dismissed, with liberty to the Independent Children's Lawyer to apply.