ADLAM & ADLAM

This matter concerned an application by the father for interim orders regarding the time spent with the parties' two children, X and Y. The dispute arose from conflict between the parents, including allegations of substance abuse and the mother's unilateral retention of the children for her birthday. The father alleged the mother was controlling the children's time with him.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility. Specifically, the court had to consider the allegations of substance abuse and the need for hair follicle testing, as well as establish a schedule for the children's time with each parent, including during school terms, holidays, and special occasions.

Harper J ordered that the parties have equal shared parental responsibility for the children. The court established a detailed schedule for the children's living arrangements, providing for substantial and significant time with the father, including specific fortnightly arrangements during school terms and alternating arrangements for school holidays and public holidays. The court also ordered chain of custody hair follicle testing for both parties, to be conducted at specified intervals over twelve months, and stipulated that failure to comply or a positive result would lead to the suspension of time with the non-compliant parent. Further orders addressed communication between parents, travel, attendance at children's events, and restrictions on discussing disputes in the children's presence. The father's applications were otherwise dismissed, and the mother was ordered to pay the father's costs.