Davidson and Davidson (No. 3)

In *Davidson and Davidson (No. 3)*, Young J of the Family Court of Australia considered applications to vary existing court orders concerning the living arrangements and welfare of a child, J Davidson. The dispute centred on the child's residence and the father's involvement in his life, with specific attention to the father's suitability and the need for ongoing counselling and drug testing.

The court was required to determine whether to vary the existing orders regarding the child's residence, specifically to allow the child to live with the father on a more regular basis. Further issues included the terms of the father's collection and return of the child, the father's ability to spend time with the child at his residence, and the necessity of restraining both parents from removing the child from the state of Victoria. The court also considered the appropriateness of imposing random drug testing on the father and the requirement for both parents to engage in counselling. Finally, the court addressed the release of undertakings given by the husband's sisters and the future case management of the matter.

Young J varied the earlier orders to allow the child to live with the father on a fortnightly basis, alternating between overnight stays from Friday to Sunday and from Wednesday to Friday. The father was ordered to collect and return the child punctually to the front gate of the mother's premises. The court also permitted the child to spend nights with the father at his residence. Crucially, both parents were restrained from removing the child from Victoria. The father was subjected to random drug testing for August and September 2012, with results to be provided to the family consultant and parties. Both parents were ordered to attend separation counselling or other relevant counselling at their joint expense. Undertakings given by the husband's sisters were varied or released, with one sister's financial undertaking remaining in force. Liberty was reserved for the father to apply to accommodate the child at a new residence should he obtain suitable rented accommodation.