Trembath and Colbert

In the matter of *Trembath and Colbert*, heard by Judge Curtain, the parties sought final parenting orders concerning their child, X. The proceedings involved an application by the father to dismiss a contravention application and to strike out objections to subpoena notices. The court also considered an oral application by the father for specific time spent with X, and the mother's application for X to live with her and for the mother to have sole parental responsibility.

The court was required to determine the best interests of the child, X, in light of the parents' competing applications and the father's history, which included concerns regarding drug use. Specifically, the court had to decide on the living arrangements for X, the extent of X's time with each parent, and the conditions and restrictions to be imposed on the father's time with X to ensure X's safety and wellbeing. The court also had to address the discharge of prior parenting orders and the appointment of an Independent Children's Lawyer.

The court's reasoning led to a comprehensive set of consent orders. The father's contravention application was dismissed, and his objections to subpoena notices were struck out. Prior parenting orders were discharged, and X was ordered to live with the mother, who was granted sole parental responsibility. X was to spend time with the father under supervised conditions, with the supervision to cease upon the father producing three consecutive clear drug screens at specified intervals. The father was also restrained from possessing or using illicit drugs and from excessive alcohol consumption prior to or during time with X. He was further ordered to undertake drug counselling at his own expense. The court also made detailed provisions regarding changeover arrangements, communication, and the parents' obligations to keep each other informed of X's health and wellbeing.