Mosby and Hilbert

This matter came before Bennett J concerning the welfare of a child, X, born in 2015. The proceedings involved the child's mother and father, with the Independent Children's Lawyer representing the child's interests. The grandparents, though not formal parties, consented to the interim orders made by the Court.

The Court was required to determine interim arrangements for the child's living arrangements, time spent with each parent, and the involvement of the grandparents in the child's care. Key issues included ensuring the child's safety, particularly in relation to parental drug use, and facilitating communication and co-operation between the parents and grandparents. The Court also considered the impact of COVID-19 restrictions on the proceedings and the practicalities of drug testing.

Bennett J made detailed interim orders concerning the child's residence with his paternal and maternal grandparents on a weekly rotating basis. The orders stipulated that the child would spend time with his father and mother only with the substantial attendance of the respective grandparents. Specific provisions were made for immediate notification and removal of the child from contact with a parent if drug use was suspected, and for psychological evaluations and drug and alcohol assessments of the parents. The Court also imposed restraints on physical discipline and denigration of other parties, and mandated attendance at a post-separation parenting course.

The Court adjourned the matter to a future date and ordered the transcription of the reasons for decision and the evidence of the Family Consultant. The signed minute of consent orders between the father and the Independent Children's Lawyer, as amended, was marked as an exhibit. The interim orders regarding the child's living arrangements and parental contact were to remain in effect until further order.