Ness & Firmin

This matter concerned an application by Mr Ness (the Father) against Ms Firmin (the Mother) regarding the parenting arrangements for their three children. The dispute involved significant issues concerning the children's living arrangements, time spent with each parent, and the conditions under which contact could occur.

The court was required to determine the primary residence of the children, the specific terms and conditions for the children spending time with the Mother, and the interim arrangements for communication and contact. Crucially, the court needed to address the Mother's compliance with drug testing requirements as a prerequisite for increased time with the children, and to establish a framework for ongoing assessment of the parents and children's welfare.

O'Shannessy J made orders that the children live with the Father. The Mother's time with the children was made conditional upon her producing a clean supervised hair follicle test demonstrating no illicit substance use for the preceding 30 days. The orders detailed a phased approach to the Mother's time with the children, commencing with supervised day visits and progressing to more extensive overnight and holiday arrangements upon successful completion of the hair follicle testing. The court also mandated supervised communication between the Mother and children via Facetime, and imposed injunctions on both parents regarding communication, criticism of each other, and the consumption of illicit drugs and alcohol by the Mother. Furthermore, the court ordered forensic psychiatric assessments of both parents by Dr C and an assessment by Ms D, a single expert, to report on various aspects of the children's welfare and the parents' capacities.

The court ordered that the Mother deliver the children to the Independent Children's Lawyer by 4:30 pm on the day of the order for a conference, after which the Father was to collect them. The orders also included provisions for communication, parental conduct, and the exchange of information regarding the children's health and schooling. The parties were directed to attend psychiatric assessments and to cooperate with the single expert assessment. The court also noted the availability and costs associated with the psychiatric assessments.