Department of Family and Community Services and Dibbs and Ors

In the matter before Hannam J, the Department of Family and Community Services sought orders concerning the parental responsibility and living arrangements for four children, B, C, D, and E. The proceedings involved the Department, the children, and various respondents, including the Independent Children’s Lawyer and Ms. Cooch, identified as the Fourth Respondent. The dispute centred on the welfare and care of these children, with the Department seeking to assume parental responsibility and direct their living arrangements.

The court was required to determine the appropriate parenting orders for B, C, D, and E, considering the Department's application for parental responsibility and the children's living arrangements. A key issue was the consent of the parties to these arrangements, as well as the specific conditions and timing of the orders, particularly concerning the commencement of orders for D and the ongoing involvement of Ms. Cooch with E. The court also had to consider the implications of urinalysis testing for Ms. Cooch and the potential consequences of adverse results or non-compliance.

The court made orders by consent, discharging previous parenting orders and granting the Secretary, Department of Family and Community Services, parental responsibility for B, C, D, and E. The children were to live as directed by the Secretary. Specific provisions were made for the commencement of orders relating to D and for Ms. Cooch to undergo urinalysis testing at her expense, with detailed conditions regarding notice, reporting, and the consequences of positive results or failure to test, including the potential suspension of time with E. The court also noted the Department's intention to facilitate Ms. Cooch spending time with E, acknowledging her role as primary carer. The matter was adjourned for further callover, with parties required to be ready to determine final orders and identify witnesses.