COGHLAN & CRAFT

In the matter of COGHLAN & CRAFT, Judge Phipps considered an application concerning the time a child, X, born in 2008, would spend with their father. The central dispute revolved around whether the father's time with the child should be contingent upon clear drug screening results.

The court was required to determine the appropriate parenting orders for X, specifically addressing the division of parental responsibility, the child's living arrangements, and the schedule for the child's time with each parent. A key legal issue was the extent to which the father's time with the child should be supervised or made conditional on drug testing, and the implications of any positive drug screen.

Judge Phipps discharged previous orders and established equal shared parental responsibility. The child was ordered to live with the mother, with a detailed schedule for the child's time with the father, including specific weekends, weekdays, school holidays, and significant dates. Crucially, the court ordered that the father attend supervised drug screens upon request from the Independent Children's Lawyer, with results provided to specific parties. The father's time was to be unsupervised, but a positive drug screen without medical explanation would allow the mother liberty to apply to vary the orders. The court also made orders restraining both parents from denigrating each other, discussing proceedings with the child, and engaging in certain behaviours related to drug and alcohol use or firearms while the child was in their care. The father was also ordered to deliver the child's passport to the mother.