GORTON & GORTON

In the matter of GORTON & GORTON, Hannam J considered an application concerning interim parenting arrangements for three children. The dispute arose from the mother's contention that the father posed an unacceptable risk to the children due to concerns about his alcohol use, impacting the children's best interests and the father's parental responsibility.

The court was required to determine the interim living and spending time arrangements for the children, taking into account the mother's allegations regarding the father's alcohol consumption and its potential impact on the children's safety and well-being. A key issue was how to balance the children's best interests with the father's desire for contact, particularly in light of the alleged risks.

Hannam J ordered that the children live with the mother. The two elder children were to spend time with the father in accordance with their wishes. However, the youngest child's time with the father was significantly restricted and made conditional. This included specific, limited periods during school terms and holidays, with provisions for the father to attend the child's events and to return the child to the mother if the child wished. Crucially, the father was ordered to undergo random, regular blood tests for carbohydrate deficient transferrin (CDT) to monitor his alcohol levels, with the costs borne by him. Failure to comply with the testing regime or a positive result would lead to the suspension of his time with the youngest child. Furthermore, his time with the youngest child was conditional on him completing a parenting course, refraining from alcohol consumption for 24 hours prior to and during his time with the child, and spending some time with the child in a public location.