Bickerton and McNamara and Anor

In *Bickerton and McNamara and Anor*, heard by Judge Harland, the proceedings concerned interim parenting orders for a child born in 2015. The dispute involved allegations of drug use by the mother, which the applicant (presumably the father) contended posed an unacceptable risk to the child. The court was required to determine the appropriate interim arrangements for the child's time with the mother and father, and to address concerns regarding substance abuse.

The central legal issues before the court were whether the existing consent orders should be discharged, and what interim parenting orders were necessary to ensure the child's safety and wellbeing, particularly in light of allegations of drug use by the mother and the need for drug testing for the father. The court also considered the procedural step of transferring the proceedings to the Family Court of Australia.

Judge Harland reasoned that the allegations of drug use by the mother necessitated a review of the existing orders, leading to their discharge. The court made interim orders for the mother to spend supervised time with the child for a limited period, with a provision allowing the applicant to cancel contact if the mother appeared drug affected. Further, the mother was ordered to undertake a hair follicle test within three months, with the results potentially leading to more stringent supervised contact. The father was also ordered to undergo random, supervised drug testing at the request of the Independent Children’s Lawyer. The court also ordered the parties to enrol in contact services and transferred the proceedings to the Melbourne Registry of the Family Court of Australia for further hearing.