Graham and Kovacs (No 2)

This matter concerned an application before Justice Tree in the Family Court of Australia, arising from proceedings between the father and mother concerning the welfare of their children. The specific dispute addressed in these orders related to the father's use of sleeping tablets and the implications for his care of the children.

The primary legal issue before the Court was whether the father's ingestion or being under the influence of sleeping tablets or similar medication posed a risk to the children, and if so, what orders were necessary to ensure their safety and well-being. The Court also considered the timing of the resumption of the trial, which was contingent on the parties completing counselling.

Justice Tree reasoned that the father's use of sleeping tablets was a matter of concern for the children's safety. Consequently, the Court ordered that the father must not ingest or be under the influence or effect of sleeping tablets or like medication whilst the children are in his care. The Court further ordered that the resumption of the trial would be deferred until the parties concluded their counselling with Mr R, which was anticipated to be towards the end of February 2015.