McLeod and Lang

This case involved parenting orders concerning the child X, born in 2011, between the Applicant Father and the Respondent Mother. The court was required to determine the terms of parental responsibility, the child's living arrangements, and the specific times the child would spend with each parent, as well as other related matters concerning the child's welfare and the parents' conduct.

The court discharged all previous parenting orders and made new orders regarding parental responsibility. The Respondent Mother was granted sole parental responsibility for decisions concerning the child's long-term care, welfare, and development until the child turned six or commenced school, after which the parties would share equal parental responsibility. The court also detailed specific living arrangements for the child, with the child to live with the mother, except for defined periods with the father. These arrangements were structured to gradually increase the father's time with the child over several months, with certain provisions conditional upon the father's compliance with drug testing and participation in parenting programs.

The court's reasoning focused on establishing a framework for shared parenting that prioritised the child's best interests, while also addressing concerns raised about the father's conduct. This included orders for the father to enrol in and complete a post-separation parenting course and to undergo supervised drug testing, with unsupervised time to commence only after three consecutive clear results. The orders also included provisions to prevent denigration of either parent, to foster the child's relationship with both parents, and to manage the parents' consumption of alcohol and prohibited drugs. Further orders addressed communication between the parties regarding the child's welfare and education, and permitted both parents to attend the child's school and sporting events.