Sykes and Groff and Ors

This case concerned parenting orders for a young child, involving the mother and the father. The central dispute revolved around the father's request for unsupervised time with the child, which was contested by the mother due to serious allegations of family violence and drug abuse against the father, compounded by his failure to provide requested drug screens. The matter was heard by Judge Small.

The court was required to determine whether the father should be granted unsupervised time with the child, considering the allegations of family violence and drug use, and the father's non-compliance with drug testing. The court also had to consider the child's best interests in light of these circumstances and establish appropriate interim parenting arrangements and conditions for any future unsupervised time.

Judge Small discharged all previous parenting orders and made new orders granting the mother sole parental responsibility and sole residency of the child. The father was ordered to undergo a comprehensive hair strand drug test covering the six months prior to the test, with specific requirements for the collection and testing process, and he was restrained from altering his hair to interfere with the test. Until a satisfactory clean drug test was provided, the father's time with the child was significantly restricted to supervised contact, either by his paternal grandparents or a professional child contact service, with the option for limited communication. The orders detailed a phased approach to increasing the father's time with the child, contingent upon providing a clean hair follicle drug test, with progressively longer periods of contact and eventual overnight stays and holiday arrangements. Injunctions were also imposed to prevent the denigration of either party in the child's presence and to restrict discussion of the proceedings with the child.