DEPARTMENT OF FAMILY AND COMMUNITY SERVICES & WEARING AND ORS

This matter concerned parenting orders for a child born in 2017, with the Department of Family and Community Services as a party. The dispute involved the child's living arrangements and time with the mother, with the paternal grandparents also playing a significant role. The decision was made by Cleary J.

The court was required to determine the primary living arrangements for the child, the conditions under which the child could live with the mother, and the mother's time with the child. Further issues included the role of the paternal grandparents, the mother's compliance with drug testing and treatment, and the involvement of the Department of Family and Community Services in facilitating these arrangements and ensuring the child's safety. The court also considered injunctions to protect the child from unsupervised care by certain individuals and from contact with persons under the influence of illicit substances.

Cleary J discharged all prior parenting orders and made new orders that, pending further order, the child would live with the mother from 22 October 2018, contingent on negative drug screens or a reduction in THC levels for all tests conducted between the date of the orders and 21 October 2018. If the mother failed to meet this precondition, the child was to live with the paternal grandparents. The mother was granted specific time with the child, subject to suspension if she returned a drug screen showing an increase in THC or a positive result for other illicit substances, in which case time would be directed by the Secretary. The mother was also ordered to participate in specific services, including an Intensive Family Preservation Service and a Cannabis Clinic, and to comply with random home visits and risk assessments. Injunctions were imposed on the mother restraining her from leaving the child in unsupervised care of Mr N or allowing contact with persons suspected of being under the influence of illicit drugs. The paternal grandparents were also subject to injunctions preventing unsupervised time with the father and any contact if the father was suspected of being under the influence of illicit drugs. The court also confirmed a future listing date for the matter.