BENSON & JESS

In the matter of BENSON & JESS, Berman J of the Family Court of Australia considered an application concerning the welfare and living arrangements of a child, B. The dispute centred on the terms of the child's time with each parent and the conduct of the parents towards each other and in relation to the child.

The court was required to determine the specific arrangements for the child's time with the mother, including the frequency, duration, and method of handover. Additionally, the court had to consider the need for injunctions to protect the child from parental conflict and to ensure the mother's sobriety. The court also had to address the father's request for drug testing of the mother.

Berman J ordered that the child would spend time with the mother each Sunday between 10 am and 4 pm, with handover arrangements to occur at the paternal grandmother's home or an agreed alternative location. Injunctions were granted restraining both parents from denigrating, harassing, or abusing each other in the presence of the child or permitting third parties to do so. The mother was also restrained from discussing the proceedings with the child. Furthermore, the mother was ordered to provide urine or blood samples for drug testing upon request, subject to limitations on the frequency and number of tests, with results to be provided to the father. The mother was granted liberty to speak with the child by telephone each Wednesday, with the father to afford the child privacy during these calls and to facilitate other contact initiated by the child. The matter was adjourned for further consideration, including the potential appointment of an Independent Children’s Lawyer, with liberty to relist on two days' notice.