Shaw and Taylor

In *Shaw & Taylor*, the Family Court of Australia considered an application by the father seeking to remove the supervision requirement for his time with the child and to have this time continue on an unsupervised basis. The mother opposed this application, alleging the father had failed to comply with previous court orders requiring random drug testing. The proceedings concerned parenting issues for a child born in 2007, with the father's time having been subject to supervision for approximately six years due to concerns about his drug and alcohol use.

The court was required to determine whether the father's time with the child should continue to be supervised, given the mother's allegations of non-compliance with drug testing orders and the cessation of regular supervised contact facilitated by a Children's Contact Centre. A key issue was the court's ability to make a definitive finding on the father's compliance with past drug testing requirements, which remained a point of contention between the parties. The court also had to consider the child's best interests, including her relationship with her father and any potential risks.

Justice Berman noted the long history of supervised contact and the breakdown of the paternal grandmother's supervision, which was a critical element of the previous orders. While acknowledging the mother's concerns regarding drug use and compliance, the court found it difficult to make a definitive finding on past compliance with drug testing orders. However, the court considered evidence suggesting the father had made efforts towards rehabilitation and demonstrated self-reflection regarding his drug use. The court also took into account the family consultant's report, which indicated a positive relationship between the father and child and recommended unsupervised time to foster a more normal father-daughter relationship.

The court made orders discharging certain previous supervision requirements and suspending others until a specified date. During this suspension period, the child was to spend supervised time with the father at a different Children's Contact Centre program. The father was also ordered to undertake a specific drug testing regime, with further random testing at the mother's request, and the resumption of unsupervised time was made conditional upon three clear consecutive non-dilute drug test results.