Drew and Lowe

In the matter of Drew and Lowe, heard by Murphy J, the dispute concerned parenting orders for a child, B, born in August 2007. The orders addressed the child's living arrangements, time spent with each parent, and drug testing requirements for both parents.

The court was required to determine the specific terms of the parenting orders, including the primary residence of the child, the nature and frequency of contact between the child and the mother, and the conditions under which such contact would occur. Additionally, the court needed to establish protocols for drug testing of both parents and the disclosure of those results. The court also considered procedural matters relating to the Independent Children’s Lawyer's ability to issue subpoenas and the inspection of documents produced.

Murphy J ordered that the child, B, live with the Father. The child was to spend time and communicate with the Mother under supervised conditions at a specified community legal service, with specific notice requirements and cost-sharing arrangements. Both parents were prohibited from using illicit drugs while the child was in their care and were required to submit to urine testing upon request by the Independent Children’s Lawyer, with results to be provided to the lawyer. Leave was granted to the Independent Children’s Lawyer to issue subpoenas, and parties were given rights to inspect documents produced, subject to claims of privilege or confidentiality. The matter was listed for directions before a Registrar in not less than six months, with provisions for earlier directions before Murphy J if circumstances warranted. Amended applications were to be filed if parties sought orders differing from their initial filings.