SHAKIR & SHAKIR

This matter concerned an application before Rees J in the Family Court of Australia, brought by Ms Shakir (the wife) and Mr Shakir (the husband) concerning their children, M and R. The dispute revolved around the parenting arrangements for the children and the husband's use of prohibited substances.

The court was required to determine the most appropriate orders for the children's living arrangements and the extent of parental responsibility, as well as to address concerns regarding the husband's drug use and its potential impact on the children. This included establishing mechanisms for monitoring the husband's compliance with orders relating to substance use.

Rees J made orders for equal shared parental responsibility for the children. The children were ordered to live with the wife on weekends from Friday afternoon until Sunday evening, and with the husband at all other times. Crucially, the husband was restrained from using any prohibited substance and was ordered to submit to regular hair and random blood/urine testing, with results to be provided to the wife's solicitor. The wife was to bear the initial costs of the hair testing and the husband's random testing. Liberty was granted to the wife's solicitor to apply on short notice should any test result be positive for a prohibited substance. School holiday arrangements were also specified, with the children to live with the wife during her holidays and otherwise with the husband. The matter was otherwise stood over for further assessment.