GIBSON & BUTLER

This case involved a dispute between a father and mother concerning the parenting of their young children. Consent orders had previously been made on 2 March 2020, based on drug tests provided by the father which indicated clear results. However, the mother later obtained further reports from the same testing company, dated the same day as the clear tests, which showed positive results for drug use. The father admitted to possessing documents showing positive tests and not disclosing them, fearing it would impact his time with the children.

The court was required to determine whether the consent orders, entered into on a potentially false premise, should be reconsidered. Further, the court needed to assess the risk posed to the children by the father's admitted drug use, particularly in light of his inadequately treated mental health issues, and to make consequential parenting orders accordingly.

Judge B Smith found that the father's admission of recent ice use for a month, contradicting his earlier assertion of only a day's use, combined with his mental health issues, presented an unacceptable risk to the children. Consequently, the court discharged the previous consent orders. The mother was granted sole parental responsibility for the children's education and urgent medical issues, with a requirement to keep the father informed. The children were ordered to live with the mother, and the father's time with the children was restricted to supervised contact only, with detailed provisions for engagement with a supervision service, drug testing, and mediation.