ADEMA & HAMBLETON

In the matter of ADEMA & HAMBLETON, Judge Brown of the Federal Circuit Court of Australia considered an interim hearing concerning the care arrangements for a child aged 21 months. The dispute involved the mother's previous history of drug abuse and the assessment of risk to the child.

The court was required to determine the appropriate interim living arrangements for the child, balancing the mother's desire for a meaningful relationship with the child against the need to protect the child from unacceptable risk. Key legal issues included the application of the "unacceptable risk test" and the overarching principle of the child's best interests in the context of parental drug abuse.

Judge Brown reasoned that while the mother's drug abuse history presented a significant risk, a proportionate response was necessary. The court applied the principles of the *Family Law Act 1975*, particularly sections concerning the best interests of the child and the assessment of risk. The court ordered that the child live with the father and spend supervised time with the mother at the maternal grandmother's home. An injunction was also issued restraining the mother from ingesting illicit drugs and both parents from denigrating each other in the child's presence. Further orders mandated drug testing for the mother, supervised exchanges, and the preparation of a family report to inform future proceedings. The matter was adjourned for further directions and listed for trial.