Wakeley & Santos
[2023] FedCFamC2F 421
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Wakeley & Santos [2023] FedCFamC2F 421
File number(s): MLC 13419 2018 Judgment of: JUDGE O'SHANNESSY Date of judgment: 27 March 2023 Catchwords: FAMILY LAW – ex tempore reasons – final orders by consent – one issue in dispute for court to determine – payment of hair follicle testing – where father agrees to obtain hair follicle testing but seeks mother to pay – where mother seeks father to pay for hair follicle testing – where court orders father to pay for hair follicle testing. Division: Division 2 Family Law Number of paragraphs: 14 Date of hearing: 27 March 2023 Place: Melbourne Solicitor for the Applicant: Ms P. LaGreca Solicitor for the Applicant: Pentana Stanton Lawyers Counsel for the Respondent: Mr T. Byrne Solicitor for the Respondent: Cathleen Corridon & Associates Counsel for the Independent Children's Lawyer: Mr L. Marchetti Solicitor for the Independent Children's Lawyer: Bowlen Dunstan & Associate Pty ORDERS
MLC 13419 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR WAKELEY
Applicant
AND: MS SANTOS
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE O'SHANNESSY
DATE OF ORDER:
27 MARCH 2023
THE COURT ORDERS BY CONSENT THAT:
1.All previous parenting Orders be and are hereby discharged.
2.The Mother have sole parental responsibility for the long term care, welfare and development of the child X born in 2018 (“the child”).
3.In exercising sole parental responsibility in accordance with Order 2 herein, save in the event of an emergency, not less than 21 days prior to making any decision in relation to the welfare of the child, the Mother shall advise the Father in writing of the details of the issues requiring consideration and her intended decision and invite his input (“the Mother’s proposal”).
4.Not more than 7 days following communication of the Mother’s proposal, the Father notify the Mother of his response and input to the Mother’s proposal (“Father’s response”).
5.Not more than 7 days after receiving the Father’s response, the Mother shall notify the Father of her final decision in relation to the issue.
6.The child live with the Mother.
7.The child spend time with the Father, as agreed between the parties, and in default of agreement, subject to and conditional upon Orders 8, 13 and 14 herein, as follows:-
(a)Until such time that the Father completes a supervised hair follicle test that detects no illicit and/or no non-prescription substances (other than as may be explained by a medical prescription letter from his general practitioner):-
(i)Each Friday, from 1.30pm to 4.30pm, supervised by the Paternal Grandmother, MS B, in accordance with the Undertaking filed by her on 2 December 2021.
(b)Upon the Father providing a hair follicle test in accordance with Order 7(a) herein that detects no illicit and/or no non-prescription substances (other than as may be explained by a medical prescription letter from his general practitioner), as follows:-
(i)In week 1 of each 2-week cycle, from 1.30pm to 6.00pm on each Tuesday.
(ii)In week 2 of each 2-week cycle, from 1.30pm to 4.30pm on each Friday.
(c)Following the Father undertaking a further supervised hair follicle test, such test not to be undertaken prior to 12 weeks from the date of the test undertaken for the purpose of Order 7(b) herein, that detects no illicit and/or no non-prescription substances, (other than as may be explained by a medical prescription letter from his general practitioner), as follows:-
(i)In week 1 of each 2-week cycle, from 1.30pm to 6.00pm on each Tuesday.
(ii)In week 2 of each 2-week cycle, from 9.00am to 4.00pm on each Saturday.
(d)Upon the Father providing a further supervised hair follicle test, such test not to be undertaken prior to 12 weeks from the date of the test undertaken for the purpose of Order 7(c) herein , that detects no illicit and/or no non-prescription substances, (other than as may be explained by a medical prescription letter from his general practitioner), as follows:-
(i)In week 1 of each 2-week cycle, from 1.30pm to 6.00pm on each Tuesday.
(ii)In week 2 of each 2-week cycle:-
A.On Saturday, from 9.00am to 4.00pm; and
B.On Sunday, from 9.00am to 4.00pm.
(e)Upon the Father providing a further supervised hair follicle test, such test not to be undertaken prior to 12 weeks from the date of the test undertaken for the purpose of Order 7(d) herein, that detects no illicit and/or no non-prescription substances, (other than as may be explained by a medical prescription letter from his general practitioner), as follows:-
(i)In week 1 of each 2-week cycle, from the conclusion of school (or 3.30pm if on a non-school day) to 6.00pm on each Tuesday.
(ii)In week 2 of each 2-week cycle, from 9.00am on Saturday until 6.00pm on Sunday.
(f)Upon the Father providing a further supervised hair follicle test, such test not to be undertaken prior to 12 weeks from the date of the test undertaken for the purpose of Order 7(e) herein, that detects no illicit and/or no non-prescription substances, (other than as may be explained by a medical prescription letter from his general practitioner), as follows, on an ongoing basis thereafter:-
(i)In week 1 of each 2-week cycle, during all gazetted Victorian school term periods, from the conclusion of school (or 3.30pm if on a non-school day) to 6.30pm on each Tuesday.
(ii)In week 2 of each 2-week cycle, during all gazetted Victorian school term periods, from the conclusion of school (or 3.30pm if on a non-school day) on Friday to 6.00pm on Sunday.
(b)Following the child commencing spending time with the Father pursuant to Order 7(f) herein, but in any event not earlier than the child commencing in Grade 1 at school, for half of the gazetted Victorian school term holidays, in terms 1, 2 and 3, as agreed between the Mother and Father and failing agreement, commencing in the first week of all school holiday periods from the conclusion of school (or 3.30pm if on a non-school day) on the last day of the gazetted school term until 10.00am on the middle Sunday.
(c)Following the child commencing spending time with the Father pursuant to Order 7(f) herein, but in any event not earlier than the child completing Term 4 in Grade 1 at school, for half of the gazetted Victorian long Christmas holiday periods, as agreed between the Mother and Father and failing agreement, on a week and week about basis, commencing in the first week of all school holiday periods from the conclusion of school (or 3.30pm if on a non-school day) on the last day of the gazetted school term until 10.00am 7 days later (and alternating weekly thereafter).
(d)For Father’s Day weekend as follows:
(i)In 2023 on Father’s Day from 10.00am until 2.30pm; and
(ii)Commencing in 2024 on the basis that the Father has attained time as set out in Order 7(e) herein, from 3.00pm the day before Father’s Day, to 6.00pm on Father’s Day.
(e)For Christmas, in a three-year rotating arrangement as follows:
(i)Commencing 2024 and every third year thereafter, on the basis that the Father has attained time with the child pursuant to Order 7(e) herein, from 2.00pm on Christmas Day until 3.00pm on Boxing Day.
(ii)Commencing 2025, and every third year thereafter, on the basis that the Father has attained time with the child pursuant to Order 7(e) herein, from 3.00pm on Christmas Eve until 2.00pm on Christmas Day.
(iii)Commencing 2026 and every third year thereafter, the Father’s spend time shall be suspended for a period of 14 days as agreed between the parties, and in default of agreement, commencing 20 December for a period of 14 nights, the purpose of which is to enable the Mother to travel with the child to visit extended family interstate for Christmas.
(g)On the basis of the Father’s time having graduated to arrangements pursuant to Order 7(f) herein, every third year where the child does not spend time with the Father for Christmas pursuant to paragraph 7(j)(iii), the child shall be in the Father’s care from 4.00pm on Holy Thursday until 6.00pm on Easter Monday, and for an additional two nights in the Term 2 and Term 3 school holidays and for an addition 3 nights in the long summer school holidays as agreed and failing agreement for three days and two nights to be added at the conclusion of the periods when the child shall be scheduled to be in the Father’s care in the successive Term 2 and 3 holidays (and for the avoidance of doubt the child’s time in the father’s care over those holidays shall be for 9 nights from the Friday evening until the Tuesday evening); and for an additional three nights in total with one additional night to be added to each of the week-long periods when the child would be scheduled to be in the father’s care over the long summer holidays (and for the avoidance of doubt it is intended that the child, in that event, shall be in the father’s care for three periods of eight days)
(h)On the Father’s birthday, from 10.00am until 6.00pm if a non-school day, or from conclusion of school to 6.30pm if on a school day.
(i)On the child’s birthday, if the child is not then otherwise in his care, from 10.00am until 2.00pm if a non-school day or from conclusion of school until 5.00pm if a school day.
(j)At all times, as agreed between the parties in writing.
8.In the event that the Father fails to complete his hair follicle tests in the timelines, as set out in Order 7 herein, or his hair follicle test detects any illicit and/or non- prescription substance, not otherwise explained by a medical prescription letter from his general practitioner, the child’s time with the Father shall be suspended, until a clear hair follicle test is received, or a test result explained by a medical prescription letter from his general practitioner and shall resume thereafter, as set out the same sequence with hair follicle testing to be completed in the same increments of time as set out in Order 7 herein, commencing with the time detailed in Order 7(b) herein.
9.For the purpose of Order 8 herein, in the event the Father is continuing to be prescribed medicinal cannabis:
(a)The Hair Follicle test must also have the following to be conducted ‘Standard Drugs Panel: Test Code 501 + CBD Oil :Test Code: 106’; and
(b)Upon the completion of each hair follicle test the Father must provide to the Mother with the results a letter from his general practitioner confirming that the prescription remains current as at the time of the testing and that the levels of cannabis detected in the testing are congruent with the level of prescribed cannabis; and
AND THE COURT ORDERS THAT:
(c)The Father be responsible and pay for the costs of all hair follicle testing pursuant to these Orders.
AND THE COURT ORDERS BY CONSENT THAT:
10.During the child’s time spent with the Father:-
(a)The Father and/or his servants/agents shall follow the child’s medically approved diet, and for the purpose of same, the Mother provide to the Paternal Grandmother a list of foods, which the child cannot eat, prior to the Father’s next visit;
(b)The Father is to ensure that the child is changed on a regular basis, when soiled;
(c)The Father be restrained from attending time with the child, in clothing which smells of cigarettes.
11.Notwithstanding Order 7 herein, the child shall be in the Mother’s care as follows:
(a)During all gazetted school holidays for all times that he is not in the Father’s care pursuant to Orders 7(g), (h) and (k) herein.
(b)On Mother’s Day weekend from 3.00pm the day before Mother’s Day, to 5.00pm on Mother’s Day.
(c)On the Mother’s birthday and Maternal half-siblings birthday, from 10.00am until 3.00pm if a non-school day, or from conclusion of school to 5.30pm if on a school day.
(d)In 2023, from 9.00am until 7.00pm in 2023.
(e)On the child’s birthday, if the child is not then otherwise in her care, from 10.00am until 2.00pm if a non-school day or from conclusion of school until 5.00pm if a school day.
(f)For Christmas, in a three-year rotating arrangement as follows:
(i)Commencing 2023 and every third year thereafter, for a period of 14 days as agreed between the parties, and in default of agreement, commencing 20 December for a period of 14 nights, the purpose of which is to enable the Mother to travel with the child to visit extended family interstate for Christmas;
(ii)Commencing 2024, and every third year thereafter, from 3.00pm on Christmas Eve until 2.00pm on Christmas Day.
(iii)Commencing 2025 and every third year thereafter, from 2.00pm on Christmas Day until 3.00pm on Boxing Day.
(g)At all times, as agreed between the parties in writing.
12.For the purpose of changeover, unless otherwise agreed:-
(a)At the commencement of time, the Father and his servants/agent, including the Paternal Grandmother shall collect the child from the office of the child’s kindergarten or school (located at C Street, Suburb D), or in the event of a non-kindergarten/school day, the agent shall collect the child from the Suburb D Police Station (located at E Street, Suburb D VIC).
(b)At the conclusion of time, the Father or his servants/agent, including the Paternal Grandmother, shall deliver the child to the Mother or her agent, including the Maternal Grandmother at Suburb D Police Station (located at E Street, Suburb D VIC).
(c)Where the Father’s agent is conducting changeover, the Father is not to be present at changeover.
(d)Notwithstanding Order 11(a) herein, the Father be restrained from attending the child’s kindergarten/school for changeover until commencement of Term 1 in 2025 and that the Father is otherwise restrained from attending the child’s kindergarten/school at any other times save as permitted pursuant to Order 17(b) herein.
(e)The Father, Paternal Grandmother and/or any of the Father’s agents must vacate the area immediately following changeover at the conclusion of the Father’s time with the child.
13.For the purpose of hair follicle testing, as referred to in Order 7 herein, the Father shall make a separate appointment and attend for a separate hair collection at an ‘Australian Workplace Drug Testing Service Clinic’ (AWDTS) (1300 378 483) or nominee, such as ‘Melbourne Testing Services’ (Ben Cannamela – 0422 255 992) (‘the Clinic’), for separate hair drug testing purposes (“the tests”). Collection is to be conducted by a qualified and certified collector and to take place, on such dates, as detailed in Order 7(a) – (f) herein.
14.Chain-of-custody procedure is to be applied to the tests detailed in Order 13 herein, and for the purposes of this Order:-
(a)The Father is required to maintain his head hair at a length of not less than 4cm; neither head hair nor body hair is to be cut, bleached or dyed between the date of this order and time of collection of hair;
(b)The Father is to direct that the test samples be conducted on at least a 4cm length of hair;
(c)The Father is to provide the collector with a sealed copy of these Orders and photographic identification to be recorded before the hair collection tests;
(d)The Father hereby authorise AWDTS or their nominee to provide the results of the tests to the Mother and her legal representatives;
(e)The tests may screen for drugs of abuse, including but not limited to; cannabis, opiates and their derivatives; fentanyl; benzoylecgonine; oxycodone; pethidine; benzodiazepines, amphetamines and their derivatives and alcohol;
AND THE COURT ORDERS THAT:
(f)The cost of the testing is to be borne by the Father;
AND THE COURT ORDERS BY CONSENT THAT:
(g)The Clinic is required to utilize the testing service of an appropriate laboratory accredited to conduct testing to the recognised International Standard ISO’IEC 17025:2005 by the relevant National Accreditation Body; the Clinic’s selection is to be based on the type of test required, the specific drug, or drugs to be tested, the laboratory’s compliance level with international Society of Hair Testing guidelines, cost and time required for results to be made available.
15.The Father complete the following and provide evidence of same to the Mother:-
(a)‘Triple P’ Parenting Program; and
(b)An accredited ‘Men’s Behavioural Change’ Program.
(c)‘Drug and Alcohol Counselling’, referral from his general practitioner and as directed by that drug and alcohol counsellor.
16.The Mother engage with a psychologist or counsellor for the purpose of obtaining support in relation to her distress surrounding communication with the Father, and follow all reasonable recommendations of the counsellor.
17.The parents shall communicate regarding parenting matters only, by text message through the Maternal Grandmother and Paternal Grandmother, with all such correspondence to be cordial in nature and be responded to in a timely manner.
18.Each parent be authorised to:-
(a)Receive documents from the child’s school/kindergarten/childcare about his academic and behavioural progress, including copies of all reports, notices, newsletters and photographs, invitations for parent teacher interviews and that these Orders act as authority for same.
(b)Attend all schooling events that parents are invited to attend save that the Father shall be restrained from attending the Christmas Carols conducted at the school, and that for the purpose of same:
(i)The Father be restrained from approaching the Mother, Maternal Grandmother or Ms F during such events;
(ii)The Father maintain a distance of 20 meters from the Mother, Maternal Grandmother and Ms F, where practicality allows; and
(iii)The Father leave immediately following conclusion of such event.
(c)Liaise with the child’s medical practitioners regarding his progress and that these Orders act as authority for same.
(d)Receive video recordings at their own cost of all schooling and extracurricular activities including concerts, plays, sporting events the child may be involved in.
(e)Provide a copy of these Orders to the child’s school/kindergarten, medial/allied health professionals and any other relevant agencies working with the child or parents.
19.The Mother keep the Father appraised as to all treating medical professionals, and the mother shall authorise the father to receive all information and details concerning any diagnosis and treatment for the child and shall further provide the father with the name, address, and contact details of all medical and allied health practitioners attended upon by the child and follow all recommendations of such treating professionals.
20.In the event the child requires urgent or emergency medical treatment, the parent with whom the child is then living immediately provide the other parent with full details, including information about any injury sustained by, and any treatment administered to, the child and the other parent be permitted to liaise with the treating practitioners.
21.The parent with whom the child is then living promptly notify the other parent of any health issues concerning the child which require any specialist attention and authorise all health professionals to provide information to the other parent about any such attention or treatment, and this order be treated as providing such authorisation.
22.The Father shall keep the Mother informed of his residential address, email address and contact telephone number and advise her of any change to these details in writing within 48 hours of such change taking place.
23.The Mother shall keep the father informed of her contact telephone number and advise the Father of any change to these details in writing within 48 hours of such change taking place.
24.Each of the parents and their servants and agents shall be and are hereby restrained by injunction from:
(a)Abusing, belittling, rebuking or denigrating the other parent in the presence or hearing of the child;
(b)Involving or exposing the child to any discussion which involves a dispute between either parent;
(c)Discussing these proceedings or any related documents with or in the presence of the child;
(d)Allowing the child to be exposed to any conflict between the family members of each parent, including at changeover; and
(e)Allowing the child to be in the presence or hearing of any other person doing what is prohibited by the restraints in this order.
25.The Mother be restrained from relocating outside of the Greater Melbourne Metropolitan area with the child.
26.The Father be and is hereby restrained by injunction from:-
(a)Being under the influence of illicit substances, illegal drugs or excess alcohol at any time the child is in his care;
(b)Consuming, ingesting or using non-prescribed or illicit drugs while the child is in his care or 48 hours prior to having the child come in his care;
(c)Exposing the child to any drugs or drug paraphernalia;
(d)Being affected by alcohol in excess of a reading of 0.05 BAC while the child is in his care;
(e)Driving with the child in the car while affected by medicinal cannabis; and
(f)Allowing the child to be in the presence or hearing of any other person doing what is prohibited by the restraints in this order.
27.All extant applications be otherwise dismissed.
28.The appointment of the Independent Children’s Lawyer be discharged.
29.Pursuant to s.65DA (2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist the parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
AND THE COURT NOTES:-
A.These Orders generally accord with the recommendations made by Child Court Expert, Ms G , in her 19 January 2023 S62G (2) Family Report.
B.That where time between the child and the father does not proceed as a result of a reasonable determination by the mother, then the parents shall arrange for make up time to occur as soon as practicable following the missed occasion of time between the child and the father.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Wakeley & Santos has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR EX TEMPORE JUDGMENT
JUDGE O’SHANNESSY
INTRODUCTION
These are the settled reasons of a judgment delivered ex tempore and were delivered orally. These settled reasons have been corrected from the transcript to correct grammatical errors and to attempt to make the orally delivered reasons easier to read. The substance is unchanged.
The question I must answer is who will pay for the hair follicle testing that is to be undertaken over the next 60 weeks. Neither parent is in receipt of income other than from Centrelink or social security.
BACKGROUND
The Father, Mr Wakeley (‘the Father’) is 40 years of age. The Mother, Ms Santos (‘the Mother’) is aged 32 years. The parties began cohabiting in 2017 and separated on a final basis in June 2018. There is one child of the relationship, X (‘the child’) currently aged 4 years.
The proceedings have been troubled by allegations of family violence and of drug and alcohol abuse. There are allegations that the Father has been frank only about the supervised urine drug screen tests that demonstrated compliance, and that he had not provided tests that indicated use of alcohol. The matter has the overlay in that the Father is prescribed medicinal cannabis.
The parties have now reached agreement about all of the child's living arrangements, including parental authority and consultation to be undertaken before a sole parental decision is to be made. The lawyers and the parties are to be congratulated for resolving that matter by agreement, and the very fine-tuned graduated approach of the Father's time is the sort of thing that can occur where there is sensible discussion between the parties. I acknowledge the Mother and Father’s courage and maturity in being able to come to these orders.
What is in dispute is paragraph 9(b) and paragraph 14(f). There are what can be called the standard or everyday hair follicle tests in regard to illicit substances, and the additional hair follicle sort of test. During these proceedings there have been allegations of the Father’s alcohol abuse, but that is no longer a live issue. The Father was able to satisfy the Independent Children's Lawyer (the ‘ICL’) and the Mother's lawyers that the continuing risk of abuse of alcohol would not interfere with his time with the child.
The parties undertook a Family Report in May 2023. I refer to the following recommendations of that report:
85.The mother to attend upon her GP and seek a referral to a child psychologist to assess [the child]’s anxiety. The mother to follow a treatment plan if appropriate. The psychologist to be provided with the family report.
86.The father to attend upon his GP to seek a mental health care plan to explore historical trauma issues.
87.[The child] to spend time with his father once a week for an hour, on a day/time suitable to both parents with changeover and the time to occur at a public place, for example, a play centre. After 8 one hour sessions, time could increase to 2 hours.
88.The parents to utilise their parenting app to communicate about [the child]. It is recommended they utilise the app to discuss occasionally varying the locations of the changeovers.
89. It is recommended that an updated family report be prepared.
90. Consideration be given to the parents having shared parental responsibility.
A second Family Report was prepared in January 2023 anticipating that this matter proceeding this day for final hearing. I refer to the following recommendations of that report:
•That when the Court is satisfied that [the Father] has demonstrated that he is not using illicit substances or excessive alcohol that [the child]’s time with him increase on a graduated program until he is ultimately spending each alternate weekend from after kindergarten or school on Friday until return to his mother at 4pm on Sunday
•Pursuant to the cautions above, that in the other week [the child] spend time with his father on one evening, from after kindergarten or school until 6.30pm
•If [the Father] has relapsed to using illegal substances or excessive alcohol, [the child]’s time with him be supervised until [the Father] has undertaken alcohol and drug assessment and counselling and is abstinent
•Until such time as [the Father] has provided the necessary evidence, that [the child] spend time with him during daytimes only on each alternate weekend supervised by the paternal grandmother, of ultimately up to six hours on each of the Saturday and Sunday.
•That when time is unsupervised, [the child] spend time on school holidays in a graduating arrangement over time until when he is in Grade 1 at school, he could spend half the school term holidays and week about on the long summer holidays
•That [the Father] does not use illicit substances or excess alcohol during or for 48 hours prior to spending time with [the child].
The Father says that in order to be able to differentiate between prescribed cannabis usage and non-prescribed cannabis usage is unnecessary because he will shortly provide medical evidence from his treating practitioner which will assert and demonstrate that to the extent the tests have showed positive for cannabis use, it is within the range of prescription cannabis use as prescribed. The long and the short of it is when neither party is in receipt of any income save for social security, that there is not much money to go around. The standard test is in the order of $385 of the service identified. The additional test to differentiate between what I will call street cannabis as opposed to prescribed cannabis is an additional $341.
The ICL and the Mother seek that the Father bear the whole of that cost on the basis that it is a cautious approach and, further, I infer, because they say it is his problem, not the Mother's. Further, the Mother says that she is not able to afford to contribute and does not receive Child Support at all. Because of the allegations of family violence, she has elected and obtained a waiver from obtaining child support. However, as the Father is unemployed, were she to press for collection of that, it would be in the region of $10 per week.
The regime that the parties have carefully worked out proceeds on the basis of the Family Report writer’s recommendations in what has been described to me by experienced family lawyers as a ‘routine’ or ‘standard’ approach to demonstrating abstinence from illicit drugs or alcohol if that has been a problem. This triggers a carefully graduated regime of the Father’s time with the child gradually increasing the more clean hair follicle tests are undertaken, and each of the tests are to occur each 12 weeks to cover a period of 60 weeks. This regime of consent orders anticipates the Father will undertake a further five of those tests. The first one coming some weeks hence to enable him to demonstrate clear tests and thereafter, every 12 weeks after. That is approximately 60 weeks and a total cost of $3,630 to be borne totally by the Father on the Mother and ICL’s case. It is a cost of roughly, at least, $60 per week. His only income is JobSeeker of $330 per week. He lives with his mother and pays board of $150. It does not leave much to get by on.
However, balancing the benefit to the child of a relationship with his Father (as the parties agree is in his interests) though the Mother consents to these orders with qualifications or circumspection about the Father being actually drug-free, balancing all of those matters and recognising the real burden on the Father, I determine that, in the end, he should have the whole of that burden.
It is a significant burden on him. However the benefit to both him and the child of that ongoing relationship means that firstly, he should have the responsibility of being in control of when he attends for that test within these orders: that is, he makes the arrangements and he should be in control of the paying of it. It will be a severe impact on him for the next 60 weeks, but the long-term benefit to the child and to the Father will be immeasurable. So I will adopt the wording of paragraph 9 and of paragraph 14(f) as proposed by the Mother and the ICL.
Those are my reasons.
I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of Judge O'Shannessy. Associate:
Dated: 14 April 2023
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