Smithers and Smithers

This matter concerned an application before Watts J in the Family Court of Australia, brought by the father against the mother. The dispute centred on parenting arrangements for the parties' four children, born between 2011 and 2015. The primary issue was the determination of the children's living arrangements and the terms of their time spent with each parent, alongside specific conditions relating to the mother's conduct.

The court was required to determine the ordinary living arrangements for the children, the specific schedule for the children spending time with the father, and whether to impose restrictions on the mother's contact with a third party, Mr F. Furthermore, the court had to consider and make orders regarding the mother's consumption of drugs, including mandatory drug testing protocols, and the exchange of residential and contact information between the parents. The court also had to address the facilitation of communication between the children and each parent, and the notification of medical emergencies.

Watts J made orders pending further direction. The children were to ordinarily live with the mother. The father was granted time with the children on a rotating four-weekly schedule, involving weekend contact in three of those weeks and mid-week contact in the fourth. The mother was restrained from bringing the children into contact with Mr F. Crucially, the mother was ordered to refrain from consuming non-prescription or non-bona-fide prescription drugs during periods the children spent with her and for 12 hours prior. This was further supported by orders for the mother to undertake random supervised urinalysis and forensic hair follicle testing, with the father to bear the costs of the hair testing. Both parents were ordered to keep each other informed of their contact details and to facilitate communication between the children and the non-resident parent, as well as to promptly advise of any medical emergencies concerning the children. The court also noted that the particulars of these obligations and the consequences of contravention were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).