Benedict & Paisley

In the matter of *Benedict & Paisley*, heard before Burchardt J, the applicant father, Mr Benedict, and the respondent mother, Ms Paisley, sought final orders concerning their child, X, born in 2017. The dispute centred on the appropriate parenting arrangements, particularly in light of concerns raised about the mother's drug use.

The court was required to determine the issue of equal shared parental responsibility, the primary residence of X, and the nature and extent of X's time with each parent. Crucially, the court had to consider the impact of the mother's alleged illicit substance use on X's best interests, weighing this against the importance of X maintaining a meaningful relationship with both parents, as mandated by section 60CC(2A) of the *Family Law Act 1975* (Cth). The court also had to assess the mother's capacity to participate in decision-making and her engagement with treatment and testing.

Burchardt J applied the principles of the *Family Law Act 1975* (Cth), emphasising that the paramount consideration was X's best interests. The court noted that while a meaningful relationship with both parents is important, the need to protect X from harm, including exposure to drug use, was to be given greater weight. The court found that the mother's drug use and her denial of it presented a significant risk. Consequently, the court ordered that X live with the father and have equal shared parental responsibility. The mother's time with X was made conditional upon her providing a supervised hair follicle test demonstrating a four-month period free from illicit substances, at her own expense. Until compliance, X's time with the mother was to be supervised, with specific provisions for communication. The court also ordered the mother to attend a psychiatrist and undergo supervised urine drug screens upon request, with significant consequences for non-compliance, including the suspension of X's time with her. The court also made orders regarding the parties' communication, X's enrolment in kindergarten and school, and injunctions restraining alcohol and illicit drug consumption and denigration of the other parent.