Hatzis & Hatzis

In the matter of *Hatzis & Hatzis*, heard before Judge W J Neville, the applicant father sought orders concerning the parenting arrangements for the parties' four children. The respondent mother's ongoing issues with substance abuse presented a significant challenge to the court in determining the children's best interests.

The court was required to determine the living arrangements for the children, the extent and nature of the mother's future contact with them, and the conditions under which such contact might be increased. Central to these determinations was the court's assessment of the mother's sobriety and her capacity to provide a safe and stable environment for the children, particularly in light of past non-compliance with court orders and undisclosed positive drug screens.

Judge Neville applied the principles enshrined in sections 60CA and 60CC(2A) of the *Family Law Act 1975* (Cth), mandating a cautious and protective approach to ensure the children's best interests. The court emphasised that the mother's stated intentions of sobriety and rehabilitation, while acknowledged as a positive step, required concrete, evidence-based action rather than mere talk. The court noted that the mother's past rehabilitation efforts had yielded little effect and that a recent positive drug screen had not been adequately explained or disclosed.

The court ordered that the children shall live with the father. The eldest child, W, was to reside at the former matrimonial home with her paternal grandmother, with the mother restrained from attending that property and engaging with W. The mother's supervised time with the other children was to commence upon her undertaking an intensive rehabilitation course, subject to stringent conditions including a minimum of four months of clear drug screens. Further, the mother was subject to various injunctions, including prohibitions on attending the children's school, consuming illicit substances prior to or during contact, and denigrating the father or his family. A recovery order was also made, authorising law enforcement to recover the child Z if the mother again removed or retained the child contrary to court orders. The parties were to attend mediation following the mother's completion of rehabilitation and a period of negative drug testing.