Tann and Malin & Anor

In the matter of *Tann and Malin & Anor*, Rees J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility, living arrangements, and time spent with a child, X. The proceedings involved the father and the mother of X, with the court discharging previous orders and establishing new arrangements for X's care and contact.

The court was required to determine the most appropriate orders for X's welfare, considering the circumstances presented. Key issues included the allocation of parental responsibility, the primary residence of X, and the nature and extent of the mother's future contact with X, particularly in light of concerns regarding drug use. The court also had to consider the conditions under which contact could occur and the ongoing obligations of both parents.

Rees J's reasoning led to orders that granted the father sole parental responsibility, with a requirement to consult the mother on major long-term issues. X was ordered to live with the father. The mother's time with X was to be phased in over a significant period, commencing with supervised contact and gradually increasing in duration and independence, contingent upon her providing clear hair follicle drug testing results. The orders also stipulated ongoing hair follicle testing for the mother and imposed restrictions on her contact if she failed to comply with testing requirements or returned positive results. Further orders addressed communication between X and the mother, the co-ordination of contact with another child, prohibitions on denigration, and requirements for psychological attendance and information sharing regarding X's health and education. The court also made orders restraining the mother from exposing X to illicit drug use.