Weston and Hanson and Ors

This matter concerned an application before Macmillan J regarding the living arrangements and contact for two children, B and C. The applicant mother sought orders concerning the children's residence and time spent with various family members, including the paternal grandmother and the father. The dispute involved complex family dynamics, including the father's recent release from prison and ongoing legal issues, and concerns about the mother's potential substance use.

The court was required to determine the primary residence of the children, the terms of their contact with the paternal grandmother, and the conditions under which the mother and father would be permitted to have contact with the children. Key issues included the mother's compliance with drug and alcohol restrictions, the father's involvement given his criminal charges and unknown whereabouts, and the role of the paternal grandmother in facilitating contact. The court also considered the welfare of the children in light of the circumstances of the parents and other caregivers.

Macmillan J made orders suspending previous arrangements and establishing that the children would live with the applicant mother. Contact with the paternal grandmother was ordered, with specific conditions including a restraint on her bringing the children into contact with the father. The mother was subject to injunctions restraining her from excessive alcohol or illegal drug use when the children were in her care or in the 48 hours prior. Both the mother and father were ordered to undertake supervised drug screens, with liberty to the Independent Children’s Lawyer to apply if screens were not "Nil" or "Not detected" without a medical certificate. The court also noted the father's unknown whereabouts and criminal charges, and the maternal grandmother's suspected psychiatric illness and cessation as a primary caregiver.