Hurley and Simpson

The proceedings involved an application concerning the welfare of a child, B, born in 2012. The applicant mother and respondent father were the parties before the court. The court was required to make orders regarding the child's living arrangements, time spent with each parent, and the mother's engagement with support services.

The central legal issues before the court were the interim care arrangements for the child, including residence and contact. The court also considered the need for the mother to access mental health support and drug testing for both parties. Furthermore, the court addressed the separate representation of the child and the potential intervention of the Department of Family & Community Services.

Watts J made several interim orders. The child was to live with the mother, who was required to reside at a specified refuge and engage with the "Brighter Futures" program and a mental health plan. The father was granted specific weekend contact, with an option for additional weekday contact. Both parents were ordered to undertake supervised drug urinalysis upon request, with specific conditions regarding the testing process and frequency. The court also ordered that the child be separately represented, requested the intervention of the Department of Family & Community Services, and expedited the final hearing. The orders were to be accompanied by a fact sheet detailing obligations and consequences of contravention.