HELU & MERTON

These proceedings concerned parenting orders for three children: Y Helu (born November 1996), K Helu (born March 1998), and W Merton (born July 2002). The parties involved were Mr Helu (the Father), Ms Merton (the Mother), and Mr Ewell (the Intervenor), who is the biological father of W. The Father sought orders for K and Y to live with him, with specified time with the Mother, and for shared holiday arrangements. The Mother did not file material in response to the Father's application concerning K and Y, but she sought for W to remain with the Father, contrary to the Father and Mr Ewell's agreement.

The Court was required to determine with whom each child should live, the allocation of parental responsibility, and the nature and extent of time each child would spend with each parent. Specific issues included the residence of K and Y, given their long-term living arrangements with the Father and allegations of illicit drug use by the Mother. For W, the Court had to consider the agreement between the Father and Mr Ewell that W should live with Mr Ewell, despite the Mother's wishes for W to remain with the Father. The Court also had to address the implications of the Mother's alleged drug use on her time with the children.

The Court applied the paramount consideration of the best interests of the children, as guided by the principles in cases such as *AMS v AIF* and *U v U*. The Court noted that the residence of K and Y with the Father was not in dispute, and a Family Report indicated the children were happy in his care. Given the Mother's lack of filed material and the allegations of drug use, the Court made orders for K and Y to live with the Father, with specified provisions for the Mother to be informed of long-term decisions and to have limited, supervised time with K, contingent on counselling. For W, the Court accepted the agreement between the Father and Mr Ewell that W should live with Mr Ewell, reflecting the best interests of that child. The Court also made detailed orders regarding time arrangements for W with both parents and the Father, and imposed conditions on the Mother's time with all children, including mandatory drug testing, due to concerns about illicit drug use.

The final orders provided for K and Y to live with the Father, with specific arrangements for time with the Mother, including counselling for K to facilitate a relationship. W was ordered to live with Mr Ewell, with detailed provisions for time with the Father and the Mother. The Mother's time with all three children was made subject to conditions, including supervised contact in public places until she could demonstrate six months of abstinence from illicit drugs through regular testing. The costs of drug testing were allocated between the parties.