JONG & WEN

The parties to this proceeding are Ms Jong (the Applicant Mother) and Mr Wen (the Respondent Father), concerning their two children, X and Y. The dispute before the Family Court of Australia involved an application by the Mother to remove the requirement for supervised time with the children. The matter was heard by Altobelli J.

The primary legal issue before the Court was whether there remained an unacceptable risk of harm to the children if their time with the Mother was no longer supervised, given the Mother's historical mental health issues. The Court was required to consider the Mother's engagement with support services and treating professionals in assessing this risk.

Altobelli J reasoned that the Mother had demonstrated significant progress in managing her mental health and had actively engaged with her treating professionals. The Court noted the positive reports from these professionals and the Mother's compliance with recommended treatment. Applying the principles of the *Family Law Act 1975*, particularly sections concerning the best interests of the child, the Court found that the risk of harm had diminished to a level that permitted a staged progression to unsupervised time. The Court also considered the proposals of the Independent Children's Lawyer, which supported a move towards unsupervised time.

The Court ordered that previous orders be discharged and that the children live with the Father. The children's time with the Mother was to progressively increase and transition from supervised to unsupervised time, commencing from 7 days after the publication of the order. The Mother was ordered to continue attending upon her treating psychiatrist, Dr A, and to authorise Dr A to notify the Father and the Independent Children's Lawyer of any deterioration in her mental state. Further orders included injunctions preventing the removal of the children from Australia, provisions for hair follicle drug testing of the Mother, and restrictions on denigrating the other parent. The matter was referred for a final hearing.