JUDD & JUDD

In this matter before McClelland J, the parties, referred to as the mother and father, were engaged in final proceedings concerning the care arrangements for their child, B. The dispute arose from a four-year marriage that had resulted in one child. The relationship between the parents was characterised by high conflict, and both had a history of illicit substance abuse, raising concerns about a potential return to such use. The mother was residing with the maternal grandparents, while the father lived alone.

The court was required to determine the presumption of equal shared parental responsibility and to make final orders regarding the child's residence and time with each parent. Central to the court's determination were the considerations under section 60CC of the Family Law Act 1975 (Cth), particularly the risk posed by the parents' history of substance abuse and the high conflict environment. The court also needed to address the mitigation of these risks to ensure the child's welfare and development.

McClelland J found that the presumption of equal shared parental responsibility should not apply due to the unacceptable risk identified. The court ordered that the current parenting arrangements should continue until the child reached school age, with a staged increase in the child's time with the father. To mitigate the risks, both parents were mandated to undertake drug testing. The orders stipulated that a positive drug test would result in the child's time with the positively tested parent being subject to supervision pending further court order.

The court made detailed orders concerning parental responsibility, including that the parents have equal shared parental responsibility for major long-term issues, except for education where the mother has final decision-making power after consultation. The child was ordered to live with the mother, with specific, phased-in arrangements for the child's time with the father, including provisions for school holidays and special occasions. Further orders addressed communication, travel, and the provision of information between parents, as well as strict conditions regarding abstinence from alcohol and illicit substances, including mandatory hair follicle and urinalysis testing.