Mosby & Hilbert (No. 3)

In *Mosby & Hilbert (No. 3)*, Bennett J of the Family Court of Australia considered parenting orders concerning a child born in 2015. The dispute arose in circumstances where the mother was found to have fraudulently altered hair follicle test results to conceal her methamphetamine use. The court was asked to determine whether the mother's time with the child should be supervised by her parents or if their substantial attendance would suffice.

The primary legal issue before the court was the appropriate level of supervision for the mother's contact with the child, given her proven dishonesty regarding drug use. This was to be determined in light of evidence from a leading pathology provider indicating that hair follicle drug test results are susceptible to alteration. The court also had to consider the mother's abrupt departure from the hearing, which led to the father and the Independent Children's Lawyer's sought orders being made unopposed.

Bennett J made orders reflecting the findings of fraudulent conduct and the mother's absence from the proceedings. The court ordered that the mother and father have equal shared parental responsibility for the child. Crucially, the child was ordered to live with the father. The mother's time with the child was significantly restricted and scheduled for specific periods between December 2020 and January 2021, with further details to be determined, including the nature of any supervision or attendance requirements.