Mosby and Hilbert (No. 2)

In the matter of *Mosby and Hilbert (No. 2)*, Bennett J of the Federal Circuit Court of Australia considered interim parenting arrangements for a young child. The dispute involved allegations of drug use, dishonesty, and concerns regarding parental capacity, necessitating further evidence and investigations before final orders could be made.

The court was required to determine whether to adjourn the proceedings for further evidence and investigations, including a new assessment by a family consultant. Additionally, the court considered whether to order substantial attendance and supervision of the parents' time with the child pending the further hearing, and to address the practicalities of conducting court proceedings remotely due to COVID-19 protocols. The court also had to consider the need for drug testing and the disclosure of criminal histories.

Bennett J ordered an adjournment of the proceedings to 7 May 2020, with a potential for cross-examination of the family consultant. A new Children and Parents Issues Assessment was to be undertaken by a family consultant, with the consultant authorised to review all filed documents and subpoenaed materials. The hearing on the adjourned date was to be conducted remotely via Microsoft Teams and in closed court to manage COVID-19 protocols. The parents were directed to undergo random urine testing for illicit substances, and the independent children's lawyer was authorised to require hair follicle tests every four months, with the responsibility for payment reserved. Specific arrangements were made regarding the child's overnight stays with the father, social distancing requirements, and restrictions on attending crèche or kindergarten. The independent children's lawyer was also directed to provide a chronological description of each parent's criminal history.