Gillan and Kruse

In the matter of *Gillan and Kruse*, heard before Judge Terry, the dispute concerned parenting orders for the child of the relationship. The mother sought the preliminary dismissal of the father's amended initiating application, which proposed changes to the existing parenting arrangements. The father sought orders for the children to spend defined time with him, including alternate weekends, school holidays, and special days.

The court was required to determine whether the mother's application for preliminary dismissal should be granted, and consequently, whether the father's amended application should proceed. The court also needed to consider the appropriate steps to facilitate the resolution of the parenting dispute, including the need for further evidence and reports.

Judge Terry dismissed the mother's application for preliminary dismissal, allowing the father's amended application to proceed. The court ordered that the parties and the child attend upon a family consultant for the preparation of a Family Report, noting the central issue was whether existing parenting orders should remain or be varied to include defined time with the father. The court also dispensed with certain procedural rules to allow the Family Consultant access to subpoenaed documents and directed the parties to issue necessary subpoenas, including to law enforcement, child protection authorities, and medical practitioners. Furthermore, the father was ordered to undergo hair testing for drugs, with an injunction preventing him from altering his hair until the sample was provided, and he was to bear the costs of this testing. The matter was adjourned for review of subpoenas, hair test results, and subsequently, the Family Report.