Cavendish and Mallery and Anor

In the matter of *Cavendish and Mallery*, Judge Scarlett of the Family Court of Australia made orders concerning the care and welfare of a child, X. The proceedings involved the Applicant Mother, the Second Respondent Paternal Grandmother, and the Respondent Father. The dispute centred on the arrangements for X's living situation, time spent with each party, and the father's involvement, particularly in light of concerns regarding his substance use.

The court was required to determine the primary residence of the child, the specific time the child would spend with the paternal grandmother, and the conditions under which the father could have contact with the child. Crucially, the court also had to address the father's use of illicit substances and prescription medication, and establish measures to ensure the child's safety and well-being in relation to the father. Furthermore, the court considered the mother's role in enrolling the child in primary school.

Judge Scarlett ordered that all previous parenting orders be suspended. The mother was granted responsibility for decisions regarding X's day-to-day care, welfare, and development when X was in her care, and the paternal grandmother was granted similar responsibility when X was in her care. X was to live with the mother, except as otherwise agreed or ordered. The child was to spend alternate weekends with the paternal grandmother, with specific provisions for public holidays and changeovers. The paternal grandmother was also granted liberty to attend X's school and extracurricular events. The father was restrained from unsupervised time with X and was prohibited from using illicit substances or misusing prescription medication. A condition for any future time spent with the child was that the father undergo weekly chain-of-custody urine drug screens and provide the results to relevant parties. The mother was restrained from enrolling X in any primary school other than a specified public school. The application was adjourned for further mention.