Wen and Lam

In the matter of *Wen and Lam*, Justice Le Poer Trench of the Family Court of Australia considered orders concerning a child's time with her father, who has a terminal cancer diagnosis with an estimated six to twelve months to live. Final orders had previously been made on 15 July 2002, establishing that the child would live with her mother. The current proceedings concerned arrangements for the child to spend time with her father, alongside other ancillary matters, without disturbing the existing residence order.

The court was required to determine the specific terms and conditions under which the child would spend time with her father, given his prognosis and the existing final orders. This involved considering the facilitation and supervision of these visits, the father's conduct during contact, the mother's role in preparing the child for these meetings, and the provision of information to both the father and the child regarding the father's health. The court also had to consider the role of a Family Consultant in overseeing these arrangements and the potential for future communication between the father and child.

Justice Le Poer Trench made orders pursuant to specific paragraphs of an attached document, ICL2. These orders stipulated that the child would spend time with her father within the next 28 days and thereafter at intervals determined by a Family Consultant, not exceeding once per month. Such time was to be facilitated and supervised by the Family Consultant, with the duration and location to be at the Consultant's discretion. Crucially, the father was required to provide a written undertaking not to denigrate the mother or her family, nor to discuss the marital breakdown with the child. The mother was directed to facilitate the child's emotional security and comfort, including dissuading the child from perceiving her father as a threat or contagious. The Family Consultant was authorised to explain the father's health prognosis to the child and to cease any meeting if she was not satisfied that both parties' behaviour would be appropriate. The court also made provisions for the father to provide a letter and DVD to the Independent Children's Lawyer for potential future access by the child, subject to the Independent Children's Lawyer's satisfaction as to their appropriateness. The court declined an application by the Independent Children's Lawyer for a meeting with the child.