Brydan & Sillars

In the matter of Brydan and Sillars, the applicant mother sought orders concerning her child's time with the respondent father. Previous interim consent orders had stipulated that the father undertake drug and alcohol testing and that the child spend supervised time with him at a contact centre. However, the father had failed to complete the required testing without reasonable excuse, and the contact centre had ceased providing services to the family. The mother sought orders for the father to complete the testing and for supervised time to occur at an alternative contact centre. The father proposed to complete the testing and for supervised time to recommence at his parents' home, supervised by a private supervisor for three months.

The court was required to determine whether to grant the mother's application for supervised time at an alternate contact centre or the father's proposal for supervised time at his parents' home with a private supervisor, in addition to the father completing the drug and alcohol testing.

Baumann J reasoned that the father's failure to comply with previous orders necessitated a careful consideration of the child's best interests and safety. The court ultimately ordered that the father complete the drug and alcohol testing and that the child spend supervised time with him at the paternal grandparents' residence, with supervision to be provided by a private supervisor. The court also made provision for the parties to agree on a supervisor and the form of the order, with a further listing date set should agreement not be reached.