Patrick and Riley

This matter concerned orders relating to the child B, born in 2011, between the parents, Patrick and Riley. The court was required to determine the parenting arrangements for the child, including the allocation of parental responsibility, the child's living arrangements, and the time the child would spend with each parent.

The court was asked to determine the specific terms of shared parental responsibility, the primary residence of the child, and a detailed schedule for the child's time with each parent, encompassing school terms, holidays, and specific dates. Further issues included the conditions under which the mother could spend time with the child, including mandatory drug and alcohol testing, and the consequences of non-compliance with these conditions. The court also had to consider provisions for communication between the child and each parent, and orders restraining denigration and ensuring information sharing regarding the child's activities.

Austin J ordered the discharge of all former orders relating to the child. The parties were granted equal shared parental responsibility, with the child to live with the father. A comprehensive schedule was established for the child's time with the mother, which was to commence immediately and evolve over several stages, with specific provisions for school terms, holidays, and significant dates like Christmas and Mother's/Father's Day. Crucially, the mother's compliance with specific drug testing (urinalysis and CDT) and alcohol abstinence conditions was made a prerequisite for the full operation of these time orders. Non-compliance or positive drug tests would result in a suspension of the primary time orders, with a reduced schedule for the mother until pre-conditions were met for three consecutive months. The court also made orders regarding communication, the exchange of information, and the participation of both parties in a post-separation parenting program.