Hadley and Schrader & Ors

In the matter of *Hadley and Schrader & Ors*, Cleary J considered applications concerning the residence and time arrangements for two children, E and F. The proceedings involved three applicants for residence and competing proposals for the children's future. The court was required to determine the best interests of the children, particularly in light of sibling separation, the children's primary attachment relationships, and their meaningful, albeit limited, relationships with each party.

The central legal issues before the court were the determination of the children's best interests under section 60CC of the *Family Law Act 1975* (Cth), including the capacity of each party to provide for the children's needs, and whether the presumption of equal shared parental responsibility under section 61DA should be rebutted. The court also had to consider the impact of the mother's history of drug use, neglect, abuse, and family violence on the children.

Cleary J found that the mother, in an "insightless state" and having returned two positive drug tests, posed an unacceptable risk of neglect and abuse to the children. Consequently, the presumption of equal shared parental responsibility was rebutted. The court ordered that the children, E and F, live with the second and fourth respondents, and share parental responsibility between the first, second, and fourth respondents in varying degrees. The children were to spend time with the first respondent, and supervised time with the mother, contingent on her compliance with specific conditions including clean drug screens and engagement with family services. The court also made orders restraining parties from certain behaviours and requiring engagement with therapeutic and support services for the children.