Kimball and Bateman

This matter concerned parenting orders for a child, X, born in 2006, between the mother and the father. The proceedings were before Judge Lapthorn.

The court was required to determine the living arrangements for X, the allocation of parental responsibility, and the nature and extent of the father's time with X, particularly in light of concerns regarding the father's alcohol consumption. The court also had to consider the father's access to information regarding X's welfare and development, and the role of the Independent Children's Lawyer.

Judge Lapthorn discharged all previous parenting orders. The court ordered that X live with the mother and that the mother have sole parental responsibility for long-term decisions concerning X's care, welfare, and development. The father was to be informed of significant issues regarding X's health and education and was granted liberty to obtain information from X's school and medical practitioners. Crucially, the father was ordered to undergo random pathology testing for specific indicators of alcohol use, to abstain from alcohol for 24 hours prior to and during any time spent with X, and to maintain absolute sobriety for specified periods to progressively increase his time with X. Specific arrangements for changeovers and the provision of reports to the father's treating professionals were also made. The Independent Children's Lawyer was to be discharged after 12 months.