Palance and Marley (No 2)

In the Family Court of Australia, Justice Bennett considered an application concerning parenting orders for a child, X, born in 2007. The dispute involved the mother and father of X, with an Independent Children's Lawyer also appointed to represent X's interests. The core of the matter was the father's time and communication with X, which had been previously regulated by a parenting order made on 3 April 2018.

The court was required to determine whether the existing parenting order, specifically the provisions for X to spend time and communicate with her father, should be suspended. Additionally, the court needed to consider what alternative arrangements for the father's time with X, if any, were appropriate and in X's best interests, as well as the conditions that should apply to any future applications by the father for increased time with X.

Justice Bennett ordered the suspension of the existing parenting order regarding the father's time and communication with X. The court established new arrangements, allowing for supervised time with X by T Services, at the father's election and cost, with agreement on days and times to be sought between the parents or nominated by the supervisor. Video calls were also permitted on specified days and times, with the father to initiate the call and the mother to ensure privacy. Crucially, before the father could apply for further time, including unsupervised time, he was required to provide two consecutive negative hair follicle drug tests, conducted by a specific service, with samples of a minimum length, and with a specified interval between tests. The father was also ordered to bear the costs of these tests and to provide the results to the mother and the Independent Children's Lawyer. The court also made orders regarding the father's payment of the mother's costs, the transcription of evidence, and the provision of transcripts to X's psychologist. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed, with the matter removed from the court's docket.