Drury and Lance and Anor

In the Family Court of Australia at Melbourne, Justice Brown considered parenting orders concerning a child born in December 2000. The parties involved were the child's father, Mr Drury, the child's mother, Ms Lance, and the paternal grandmother, Mrs Easton, who had been granted leave to intervene in the proceedings. The dispute centred on the child's residence and the extent of contact with her parents, particularly in light of significant concerns regarding the mother's drug abuse and associated issues, and the father's history of drug use and alcohol consumption.

The court was required to determine the paramount issue of the child's best interests, specifically whether the presumption of equal shared parental responsibility between the parents should be rebutted. This involved assessing the capacity of each parent to ensure the child's safety and wellbeing, and considering the role the paternal grandmother had played in the child's care. The court also had to consider the conditions under which any future contact between the child and her parents would be appropriate, including requirements for the mother to engage with medical and mental health practitioners and to abstain from alcohol and certain substances.

Justice Brown found that the presumption of equal shared parental responsibility was rebutted due to overwhelming evidence of the mother's inability to ensure the child's safety when her significant drug abuse and psychological problems were not being addressed. The court acknowledged the paternal grandmother's crucial role in providing a stable and safe environment for the child over several years, noting her commitment to the child's welfare despite the challenges presented by her son's issues. The father, though unrepresented, supported the proposed orders, indicating an understanding that his time with the child would be contingent on his mother's assessment of the child's safety. The court ultimately ordered that the child live with the paternal grandmother, who would share parental responsibility for the child's long-term care with the father. Contact with both parents was made conditional on the paternal grandmother's absolute discretion, ensuring the child's safety and wellbeing, with specific requirements for the mother regarding treatment compliance and substance use.