Achun & Achun

In the matter of MLC 4823 of 2021, Mr Achun (the Applicant Father) sought orders for the Respondent Mother and their child, born in 2018, to return to Melbourne from Perth.

The court was required to determine whether to grant the Applicant Father's application for the child to return to Melbourne, and to make orders regarding the child's living arrangements and communication with the Applicant Father.

Justice O'Shannessy dismissed the Applicant Father's application for the child to return to Melbourne. The court ordered that the child live with the Respondent Mother in Perth until further order, and that the proceedings be transferred to the Family Court of Western Australia. The court also made specific orders regarding the Applicant Father's communication with the child via electronic means, including provisions for the Respondent Mother to initiate and terminate calls, and to use an agent or relative to facilitate communication. The court further noted the potential appointment of an Independent Children's Lawyer and provided information regarding family violence provisions under the *Family Law Act 1975* (Cth), including restrictions on cross-examination and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.