Asbury and Asbury

This matter concerned an appeal from orders made by a Local Magistrate regarding the parenting arrangements for four children. The father sought orders that the children live principally with him and spend time with their mother once per week, with specific conditions attached to that time. The mother sought to vary these arrangements.

The court was required to determine the appropriate parenting orders for the children, considering allegations made by each parent about the other. Key issues included the mother's drug use, the father's concerns about the children's welfare, and the extent of parental responsibility and time each parent should have with the children. The court also had to consider the appointment of an expert to assess both parents.

Faulks J made orders that the children live principally with their father and spend time with their mother once per week, with the mother to undergo weekly drug urinalysis. The mother was also ordered to obtain a report from her doctor, Dr T, regarding her ability to care for the children. If Dr T's report was favourable and the mother provided two consecutive clean drug tests, the children would then spend week about with each parent. The court also appointed Dr W as a single expert to assess both parents. The mother was restrained from using illicit drugs and from taking prescription drugs otherwise than as prescribed.