Kirner and Forrester

This matter concerned an application by Ms Kirner (the mother) against Mr Forrester (the father) regarding their child, [X]. The court was required to make orders concerning the child's welfare and the father's conduct.

The court was asked to determine several issues, including the need for the father to undergo drug testing, the recovery of the child, the father's future contact with the child, and the mother's application for contravention. Specifically, the court considered whether to grant leave for the mother to proceed ex parte, whether to issue a recovery order for the child, and what conditions should be placed on any future contact between the father and the child.

The court ordered that the father undergo a hair follicle drug analysis at his own expense within 21 days, with specific requirements for the collection and testing process to ensure chain of custody and accredited laboratory standards. The court also granted the mother leave to proceed ex parte and issued a recovery order authorising law enforcement to find and recover the child, [X], and deliver the child to the mother. The father was prohibited from taking possession of the child again, and if he did, he could be arrested without a warrant. Existing orders for the child to spend time with the father were suspended, and any resumption of contact was conditional upon the father obtaining a psychological assessment at his expense. Both parties were also ordered to enrol in a supervised time program. The mother's application for contravention was adjourned.