Fort & Fort (No 4) [2025] FedCFamC1F 977 (17 December 2025)

1. That the parties have parental responsibility in respect of X and Y ("Y") both born in 2013 ("the children").

1. Commencing at the end of Term 4, 2025 the children spend time with the husband on a week about basis during school holiday periods as follows:
   • 3.1 During the March/April and October school holidays in each year as follows:
     • 3.1.1 If the children are not already in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 8.30 am on the first Monday of the holiday period to 8.30 am on the second Monday (7 nights) of the holiday period

NOTING THAT in addition to the said 7-night block the husband will spend time with the children on the final weekend of the school holiday period in accordance with the usual term time arrangement in accordance with paragraph 1 herein.

• 3.1.2 If the children are in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 8.30 am on the second Monday of the holiday period to the commencement of school on the first day of the school term (or 8.30 am if a non-school day)

NOTING THAT in addition to the said 7-night block the husband will spend time with the children on the first weekend of the school holiday period in accordance with the usual term time arrangement in accordance with paragraph 1 herein.

• 3.2 During the December/January school holidays in each year as follows:
  • 3.2.1 That if the children are not in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 8.30 am on the first Monday of the school holiday period to 8.30 am on the second Monday of the school holiday period (7 nights) and each alternate week thereafter.
  • 3.2.2 That if the children are in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 8.30 am on the second Monday of the school holiday period to 8.30 am on the third Monday of the school holiday period (7 nights) and each alternate week thereafter

NOTING THAT in addition to the said 7-night blocks he will spend time with the children on the first weekend of the school holiday period in accordance with the usual term time arrangement in accordance with paragraph 1 herein.

• 3.3 During the July school holidays in each year as follows:
  • 3.3.1 That if the children are not in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 8.30 am on the first Monday of the school holiday period to 4.00 pm on the second Wednesday of the school holiday period (9 nights)

NOTING THAT in addition to the said 9-night block the husband will spend time with the children on the final weekend of the school holiday period in accordance with the usual term time arrangement in accordance with paragraph 1 herein.

• 3.3.2 That if the children are in the care of the husband on the last weekend of the school term pursuant to paragraph 1 herein, then the children shall spend time with the husband during the school holiday period from 4.00 pm on the second Wednesday of the school holiday period to 4.00 pm on the third Friday of the school holiday period (9 nights)

NOTING THAT in additional to the said 9-night block the husband will spend time with the children on the first weekend of the school holiday period in accordance with his usual term time arrangement in accordance with paragraph 1 herein.

• 3.4 The parties' time with the children in accordance with paragraphs 1 and 3.1 to 3.3 herein be suspended during special occasions and the children time with the parties in lieu thereof as follows:

• 3.5 The time spending arrangements pursuant to paragraph 1 and 3.2 be suspended from 10.00 am Christmas Eve to 3.00 pm Boxing Day and in lieu thereof:
  • 3.5.1 In 2025 and each alternate year thereafter:
    • 3.5.1.1 With the husband, from 10.00 am Christmas Eve to 12.30 pm Christmas Day; and
    • 3.5.1.2 With the wife, from 12.30 noon Christmas Day until 3.00 pm on 26 December.
  • 3.5.2 In 2026 and each alternate year thereafter:
    • 3.5.2.1 With the wife, from 10.00 am Christmas Eve to 12.30 pm Christmas Day
    • 3.5.2.2 With the husband, from 12.30 pm Christmas Day until 3.00 pm on 26 December; and

• 3.6 That on the children's birthdaythe children spend time with the parent who does not have the care of them that day as agreed between the parties in writing and in the absence of agreement:
  • 3.6.1 If a non-school day, from 4.00 pm to 8.00 pm; or

• 3.6.2 If a school day, from the conclusion of school until 5.00 pm.

• 3.7 With the husband on Father's Day, from 5.00 pm the preceding Saturday until 5.00 pm on Father's Day; and
• 3.8 With the wife on Mother's Day from 5.00 pm the Saturday before Mother's Day until 5.00 pm on Mother's Day.

1. That all handovers occur at the children's school and in the event such cannot occur, the parent whose time is to commence is to collect the children from the other parent's residential address.

1. That for three (3) years following the date of this order the husband do submit to testing requirements as follows:
   • 5.1 For a period of one (1) year as from the date of this Order:
     • 5.1.1 The husband be required to submit to monthly phosphatidylethanol (PEth) blood testing administered by SA Pathology on the first day of each calendar month or the next business day if the first day of the month falls on a weekend or a public holiday.
     • 5.1.2 That the husband do submit to quarterly ethyl glucuronide (EtG) hair testing administered by SS Pty Ltd on the first day of March, June, September and December or the next business day if the first day of the month falls on a weekend or a public holiday.
     • 5.1.3 That for the purpose of compliance with paragraph 5.1.2 herein the husband do provide a body hair sample of no less than 3 cm.

• 5.2 That subject to the husband returning all results of 20ng/mL for PEth and/or >5pg/mg for EtG (or "positive for the consumption of alcohol") during the period that paragraph 5 is operative.

2. If the husband is away from South Australia at the time that the wife makes a random request in accordance with paragraphs 5.2.2 or 5.3.1 herein:
   • 7.1 The timeframe for the husband to submit to the test is extended to the date being seven (7) days following his return to South Australia subject to the husband providing to the wife documentary evidence (being either airfare or accommodation receipts, or such other document as agreed by the wife) directed to his absence from South Australia at the time of the request being made.

1. That in respect of random testing in accordance with paragraphs 5.2.2 and 5.3.1 herein the husband do forthwith provide to the wife documentary evidence that he has submitted to the required test within the required timeframe irrespective of whether the results for the test have yet been published.
2. That the husband do:
   • 9.1 Provide to the wife copies of the PEth and EtG test results directly to the wife by email within forty-eight (48) hours of his receipt of same; and
   • 9.2 Provide an irrevocable authority to SA Pathology, SS Pty Ltd and his General Practitioner granting them permission to release copies of the PEth and EtG test results to the wife within forty-eight (48) hours of receipt, such authority to lapse upon the conclusion of the husband's obligations pursuant to paragraph 5 hereof.

1. That the parties do all things necessary to maintain valid Australian passports for the children with the costs to be shared equally between the parties.
2. That the wife do retain the children's passports for safekeeping and:
   • 11.1 The wife will release the passports to the husband no later than seven (7) days prior to any international travel and otherwise for the limited purpose of obtaining any visa; and
   • 11.2 The husband will return the passports to the wife no later than seven (7) days following his return to Australia after such travel.
3. That the wife be at liberty to have an extended travel period of up to twenty-one (21) consecutive days with the children in the July or December/January school holiday periods between July 2026 and 31 December 2027 provided that the husband have make up time for the time that he would have otherwise had with the children with such make up time to take place within the following subsequent two school holiday periods on dates and at times as agreed between the parties.

1. That commencing from January 2028 and subject to the husband providing results of 20ng/mL for PEth and/or EtG >5pg/mg during the operation of paragraphs 5 to 9 hereof, or fails to comply with paragraphs 5 to 9 hereof then:
   • 18.1 Forthwith:
     • 18.1.1 The husband's time with the children pursuant to paragraphs 1 and 3 shall stand suspended and in lieu thereof the husband shall spend time with the children during the school term and school holidays subject to his compliance with paragraphs 18.1.2 to 18.1.8 as follows:

• 18.1.1.1 In accordance with the cycle of time which would have otherwise applied pursuant to paragraph 1:

(a) from the conclusion of school on Friday (or 4.00 pm if a non-school day) until the commencement of school on Monday (or 8.30 am if a non-school day) (3 nights) and each alternate week thereafter.

(a) from the conclusion of school on Thursday (or 4.00 pm if a non-school day) until the commencement of school on Friday (or 4.00 pm if a non-school day) (1 night) and each alternate week thereafter.

• 18.1.2 The husband shall record his blood alcohol content on a breath alcohol analysis device and provide clear photographic evidence by text message of his blood alcohol readings, and date and time of the readings to the wife as follows:

(a) 30 minutes prior to the commencement of his time with the children; and > > (b) 30 minutes prior to the conclusion of his time with the children;

(a) at 8.00 am and 9.00 pm of each day that the children are in his care.

• 18.1.2.3 In addition to paragraphs 18.1.2.1 and 18.1.2.2 herein:

(a) the wife be at liberty to request by text message random breathalyser readings from the husband when the children are in the husband's care as follows: > > > (i) on two (2) separate occasions during the time that the children are in the care of the husband pursuant to paragraph 18.1.1.1 (a) herein and the twenty-four (24) hour period prior to the commencement of such time. > > > > (ii) on one (1) occasion during the time that the children are in the care of the husband pursuant to paragraph 18.1.1.2 (a) herein and the twenty-four (24) hour period prior to the commencement of such time. > > > > * 18.1.2.4 That the husband do comply with the wife's request for a random breathalyser test in accordance with paragraph 18.1.2.3 herein within sixty (60) minutes of a request being made. > > * 18.1.3 With respect to the breath alcohol analysis device referred to in order 18.1.2: > * 18.1.3.1 it shall be a F Company breathalyser; > * 18.1.3.2 it shall be sent by the husband for recalibration by F Company within seven (7) days of paragraph 18.1.2 herein taking effect and do provide the wife with written confirmation of same with any associated costs to be borne solely by the husband; > * 18.1.3.3 the husband do provide an irrevocable authority to F Company granting them permission to release to the wife the data downloaded from the breathalyser device within forty-eight (48) hours of receipt; > * 18.1.3.4 during any period that the breathalyser device is sent for recalibration the wife may require the husband to provide a recording of his blood alcohol content in accordance with paragraphs 18.1.2 herein on an alternate breath alcohol analysis device; > * 18.1.3.5 the wife be at liberty to require on one (1) occasion per month that the husband provide the breath analysis device to the wife during a period of time that he does not have the care of the children for the purposes of her inspecting the device and the wife do return the device to the husband prior to the next occasion that he spends time with the children. > * 18.1.4 The husband immediately arranges the installation of an Ignition Interlock Device in his motor vehicle and do provide the wife with evidence of its installation. > * 18.1.5 The husband ensure that his Ignition Interlock Device is recalibrated once per month upon noting that the time between each recalibration shall not exceed thirty-five (35) days. > * 18.1.6 The husband do send to the wife a copy of the recalibration report within twenty-four (24) hours of receipt. > * 18.1.7 The husband do provide an irrevocable authority to the service provider for the ignition interlock device granting them permission to release to the wife the recalibration report to her within twenty-four (24) hours of receipt. > * 18.1.8 That the husband be restrained by injunction from transporting the children in any vehicle that does not have an Ignition Interlock Device installed in the event that he is the driver of any such vehicle.

• 18.1.9 That the husband submit to monthly PEth testing for six (6) months following the date of the relevant event prescribed by paragraph 18 herein, and during which time the wife be at liberty to request one (1) hair follicle test to be administered by SS Pty Ltd or such other pathology laboratory as agreed in writing between the parties with the costs to be borne solely by the husband.

1. That paragraph 18 be suspended and the husband's time with the children in accordance with paragraphs 1 and 3 herein be reinstated upon the husband producing:
   • 19.1 Six (6) consecutive PEth results returning a result of NOTE:

These reasons were delivered ex tempore and have been corrected from the transcript. Grammatical errors have been corrected. In addition, amendments have been made to make the orally delivered reasons clear and easy to read.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Kari.