MACALARY & PALANCA

In the matter of *Macalary & Palanca*, heard by Judge Young, the applicant sought orders concerning contraventions of existing parenting orders by the respondent father, Mr Palanca. The primary contravention alleged was the father's failure to comply with an order requiring him to undergo a hair follicle drug test, for which he claimed a lack of funds as a reasonable excuse. The proceedings also addressed the best interests of the child, X, who had a troubled background and resided with the mother, spending time with the father.

The court was required to determine whether the father had a reasonable excuse for failing to comply with the drug testing order. Additionally, the court had to consider the child's best interests in determining the nature and extent of time X would spend with the father, and the allocation of costs associated with that time, particularly in light of the mother's concerns about X displaying signs of anxiety.

Judge Young found that the father had contravened the order to undergo a drug test without reasonable excuse, noting that he was aware of the cost at the time the order was made. Consequently, the father was convicted of this contravention and ordered to enter into a good behaviour bond for twelve months, with a condition to comply with all parenting orders. The court also dismissed 21 other alleged contraventions. Regarding the child's time with the father, the court was satisfied that the father had the child's best interests at heart. The orders established a detailed schedule for X to spend time with the father, including school holiday periods and other agreed times, with the parties to equally share the costs of X's travel to spend time with the father. All other previous orders were discharged, and the parties were granted equal shared parental responsibility, with X to live with the mother.