MCDOWELL & REDFIELD

In the matter of McDowell & Redfield, heard by Judge Obradovic, the dispute concerned interim parenting orders for a young child, X, born in 2020. The proceedings involved competing applications for the child to live with one of the parents and included allegations of family violence, requiring an assessment of risk to the child.

The court was required to determine the best interests of the child in the interim, specifically whether the child should live with the father or the mother, and to establish appropriate time spent with the non-resident parent. The court also needed to consider the implications of family violence allegations and the use of substances by the parents on the child's welfare.

The court reasoned that, pending further orders, the child should live with the father. This decision was accompanied by specific time spent arrangements for the mother, including supervised pick-up and drop-off locations. Crucially, the court imposed stringent orders regarding alcohol and illicit substance use by both parents, mandating abstinence for specified periods before and during time with the child. Further, both parents were ordered to undergo drug and alcohol counselling and forensic testing, including urine analysis and hair follicle testing, with strict protocols for requesting and conducting these tests. The mother was also directed to continue psychiatric and psychological treatment. An Independent Children's Lawyer was appointed for the child.