Phut and Tang

This matter concerned an application by the father, Phut, and a response by the mother, Tang, regarding parenting orders for their two children. The proceedings were before Macmillan J in the Family Court of Australia. The dispute centred on the living arrangements and time the children would spend with each parent, with particular attention to the mother's drug use and its impact on the children's welfare.

The court was required to determine the appropriate orders concerning the children's residence, the nature and supervision of the mother's time with the children, and the conditions under which that time might become unsupervised. Central to these determinations were the results of drug testing to be undertaken by the mother. The court also had to consider the discharge of previous orders and the dismissal of the parties' applications.

Macmillan J made orders by consent and otherwise. The court discharged previous orders relating to the children's time with the mother, and ordered that the children live with the father until further order. The mother was to spend time with the children on alternate weekends and on Tuesdays, with this time to be supervised by a grandmother. However, if the mother's initial hair follicle toxicology test and a random urine drug screen were negative, her time with the children would become unsupervised. If any subsequent drug tests were positive, supervision by a grandmother would be reinstated. The father's application and the mother's response were otherwise dismissed.