NABATI & NABATI (No.2)

In *Nabati & Nabati (No.2)*, Judge Blake of the Federal Circuit and Family Court of Australia considered an application by the Father to vary interim parenting orders and a spousal maintenance order. The Father contended that a change of circumstances, specifically a deterioration of his income, warranted these variations. The proceedings also involved allegations of serious non-compliance by the Father with existing interim orders.

The court was required to determine whether the Father had demonstrated a sufficient change in circumstances to justify varying the interim parenting and spousal maintenance orders. A key issue was the appropriateness of supervised time between the Father and the child, X, given the circumstances. The court also had to consider the child's best interests in light of inconsistent evidence presented regarding the Father's financial position and concerns about drug use.

Judge Blake found that the Father had not demonstrated a material change in circumstances to warrant varying the interim orders. The court concluded that supervised time was necessary for the child's safety and well-being. Consequently, the court ordered further hair follicle drug testing for the Father, to be paid for by him, and directed that the results be provided to the Mother's solicitors. The Father was also ordered to provide a letter from his General Practitioner explaining any positive drug test results and to file an updated supervision report concerning his time with X. The Father's application to vary the interim orders was otherwise dismissed.