BURNETT & CHARMERS

In the matter of *Burnett & Charmers*, heard by Tree J, the court was required to determine three outstanding disputes concerning the children's living arrangements during school terms and holidays, and the appropriate duration of drug testing for the father. The parties sought orders regarding the children's residence, time spent with each parent, and specific conditions related to the father's drug testing.

The court considered the best interests of the children in relation to their living arrangements. For school terms, it was determined that a 6/8 split in favour of the mother by 2024 was more likely to be in the children's best interests than a 7/7 split. Regarding school holidays, the court found it to be in the children's best interests for them to spend the entire Christmas vacation each alternate year in Country B. Furthermore, the court addressed the duration of drug testing for the father, concluding that a one-year period of testing would be sufficient to protect the children.

The court made final orders reflecting these determinations. It ordered equal shared parental responsibility for major long-term issues, with specific consultation and decision-making processes outlined. The children were ordered to live with the mother, with an injunction preventing her from relocating them outside of Australia. The orders detailed a phased approach to the children's time with the father during school terms, gradually increasing his time from 2019 to 2024. For school holidays, the children were to spend half of each holiday period with each parent, with specific provisions for the mother to take the children to Country B for Christmas holidays in odd-numbered years. The court also ordered a one-year period for the father to undertake supervised drug tests upon the mother's request, with specific conditions for compliance and consequences for failure.