EDELSTON & EDELSTON

The matter of EDELSTON & EDELSTON concerned an application before Hannam J in the Family Court of Australia regarding parenting arrangements for two children, B and C. The dispute centred on the future living arrangements and time spent between the children and each of their parents.

The court was required to determine the appropriate orders for parental responsibility, the children's residence, and the specific arrangements for the children to spend time with each parent. Additionally, the court needed to consider provisions for drug and alcohol testing for the mother, and to a lesser extent, the father, as well as orders concerning communication, school reporting, and parental conduct in the presence of the children.

Hannam J ordered that the father have sole parental responsibility for the children and that they live with him. A phased approach to the mother's time with the children was established, commencing with limited contact and gradually increasing over several periods of eight weeks, culminating in alternate weekend and mid-week evening contact. Further provisions were made for school holidays, special occasions, and annual father's day contact. The mother was ordered to undergo urinalysis testing for three months, with specific conditions regarding positive results and supervised contact. Both parents were also required to undertake CDT tests monthly for three months. The court also made orders prohibiting denigration of either parent, requiring notification of emergencies, ensuring the mother receives school reports, allowing attendance at school functions, and mandating completion of a parenting course. The children were granted liberty to telephone the mother and scheduled FaceTime contact on specific evenings.