Hartley & Hartley

In the matter of *Hartley & Hartley*, the father (Mr Hartley) and the mother (Ms Hartley) brought an interim parenting application before the Federal Circuit and Family Court of Australia. The dispute concerned arrangements for their two young children, Child X and Child Y, who lived with the mother. The father sought increased time with the children, particularly for Christmas, while the mother contended that the father's alleged drug use and history of family violence posed a risk of harm. The father, in turn, alleged the mother's misuse of prescription medication posed a risk. Both parties also had significant media profiles and had engaged with the media regarding their personal affairs.

The court was required to determine the interim parenting arrangements for the children, specifically addressing the children's time with each parent, including special days and Christmas. A key issue was the risk of harm to the children arising from the competing allegations of drug use and family violence made by each party. The court also considered the children's best interests in light of the parents' acrimonious relationship and their public profiles.

McClelland DCJ reasoned that the children's best interests would be served by spending regular, though not extended, periods with their father, while continuing to live with the mother. The court applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC, to assess the children's best interests. Given the serious allegations of drug use by both parties, the court deemed it necessary to implement a comprehensive drug testing regime for both the father and the mother, including hair follicle testing and random supervised urinalysis, to mitigate any potential risks to the children. The court also noted that judgment was reserved on the issue of restraining the parties from engaging with the media.

The court ordered that the children would live with the mother. The father was granted specific time with the children, commencing with weekend time and transitioning to three out of every four weekends. The orders also stipulated arrangements for special days, including Christmas, Father's Day, Mother's Day, and the children's birthdays, aiming to foster a meaningful relationship with both parents. The children's time with the father was made conditional upon compliance with the drug testing regime. Changeovers were to occur at a location nominated by the mother, with the option of a nominee's assistance, in light of the unresolved allegations of family violence.