Paget and Crewell

This matter concerned parenting orders for the children X and Y, with the primary dispute revolving around the father's time with the children. The court, presided over by Judge Neville, was tasked with determining the specific arrangements for the children's living situation and their time spent with each parent, particularly in light of the father's alcohol consumption and driving licence status.

The central legal issues before the court were the conditions under which the father could spend time with the children, specifically concerning his abstinence from alcohol and the implications of his disqualified driver's licence. The court also had to consider the appointment of a single expert and the terms of reference for a family report, as well as the practical arrangements for the children's care, including after-school care and attendance at sporting events. Furthermore, the court needed to address the father's obligation to undergo regular blood testing to monitor his alcohol consumption.

The court's reasoning and applied principles are reflected in the detailed orders made. The children were ordered to live with the Mother, and the Father's time with them was made conditional on him abstaining from alcohol for at least 24 hours prior to and during his time with the children. Specific arrangements were set out for the father's time with the children, varying depending on whether his driver's licence was disqualified or re-issued with an interlock device. These arrangements included weekday afternoon contact, weekend time, and attendance at sporting events. The court also made orders regarding special days, including Christmas, Father's Day, and the children's birthdays, and stipulated that the father would be suspended from spending time with the children for two two-week periods annually to allow the mother to holiday with them. Crucially, the father was ordered to undertake monthly CDT and GGT blood tests, with the costs borne by him, and to provide the results to the Independent Children's Lawyer and the Mother. A single expert was appointed by consent to prepare a full report, with the costs also to be paid by the father.

The court noted that the paternal grandparents, who had been supervising the father's time, would be unavailable from August to November 2015. The matter was adjourned pending the receipt and release of the Family Report.