Waddingham & Allenby (No 2)

This matter concerned an application between Mr Waddingham (the applicant father) and Ms Allenby (the respondent mother) before Young J. The dispute involved orders relating to the children X and Y, born in 2006 and 2007 respectively.

The court was required to determine a range of issues concerning the children's living arrangements, time spent with each parent, and the conduct of the parents. Specifically, the court addressed the children's residence, the father's time with the children, provisions for the child Y's distress, changeover arrangements, restrictions on the father's communication with the mother, the father's alcohol consumption, drug testing of the parties, the need for a forensic psychiatric report, the appointment of an Independent Children's Lawyer, the preparation of a family report, and the conduct of a Family Dispute Resolution Conference. The court also set a trial date and outlined detailed procedural directions for the filing of evidence, case outlines, and potential cross-examination of the family report writer.

The orders made by the court were by consent and addressed the aforementioned issues. The children were ordered to live with the mother, with specific provisions for the father's time with them on alternate weekends. The father was restrained from texting the mother except in emergencies and prohibited from consuming alcohol while the children were in his care. The parties were to participate in random urine drug screening, and the father was to obtain a forensic psychiatric report. An Independent Children's Lawyer was appointed to represent the children's interests, and a family report was ordered to be prepared. The court also scheduled a Family Dispute Resolution Conference and set the matter for trial, providing comprehensive directions for the preparation and filing of evidence and submissions.