Bardwell and Anor and Bardwell and Ors

This matter came before Bennett J concerning parenting arrangements for a child, X, and involved the first and second named applicants (paternal grandparents), the first named respondent father, and the third named respondent step-father. The dispute centred on the child's time with the paternal grandparents and father, and also involved drug testing requirements for the step-father.

The court was required to determine several legal issues. These included the appropriate variation of existing parenting orders to establish a two-week rotational time arrangement for the child X between the paternal grandparents, the father, and the mother, and to vacate a previously scheduled period of time. Additionally, the court needed to order the third respondent step-father to undergo hair drug testing, specifying the procedures for collection, testing, and the consequences of non-compliance. The court also considered the mother's application for legal representation and imposed a restraint on the third respondent regarding the use of illicit substances.

In reaching its decision, Bennett J vacated the final hearing previously set for 29 June 2020 and rescheduled it for 6 June 2020, to be conducted entirely by video-link. The court varied the parenting arrangements for X, establishing a two-week rotation between the paternal grandparents and the father, commencing on 16 April 2020, and clarifying that a specific previously ordered period of time was vacated and replaced by the regular arrangements. Crucially, the court ordered the third respondent step-father to attend for supervised hair drug collection between 4 and 11 May 2020, detailing strict requirements for hair length, prohibition of cutting or altering hair, appointment procedures, photographic identification, chain-of-custody protocols, and the accreditation standards for the testing laboratory. The cost of this test was to be borne by the third respondent. The court also ordered the mother to provide weekly updates on her application for legal representation and restrained the third respondent from ingesting illicit drugs or substances until further order. Interim applications were otherwise dismissed, and the court noted that particulars of obligations and consequences of contravention were set out in an attached Fact Sheet.