Chan & Phu

The case of Chan & Phu involves a dispute between the parents of a child regarding parenting arrangements, particularly focusing on the child's schooling. The matter was heard in the Family Court of Australia. The Applicant sought to vary earlier parenting orders, including a specific order about the child's schooling in 2013 and subsequent years. The Respondent opposed the application, arguing for the continuation of the existing arrangements.

The legal issues before the court included whether the existing parenting orders should be varied to allow the child to attend a particular school in 2013 and beyond, and whether there should be a change in the allocation of parental responsibility. The court had to consider the best interests of the child in making its determination, including the importance of stability and the child's educational needs.

The court found that there was an intractable conflict between the parties, necessitating the appointment of an Independent Children's Lawyer to represent the child's interests. The court decided to suspend the existing interim orders and dismissed the application for further interim orders. It was determined that the parties should have equal shared parental responsibility for the child until further order. Additionally, the court requested Legal Aid NSW to arrange for the appointment of an Independent Children's Lawyer and granted leave for this lawyer to issue subpoenas in the proceeding. The matter was adjourned for further mention.

The final orders of the court included that the Applicant and Respondent are to have equal shared parental responsibility for the child, the previous interim order was suspended, and the application for further interim orders was dismissed. The court also ordered that the child's interests be represented by an Independent Children's Lawyer appointed by Legal Aid NSW and granted leave for the lawyer to issue subpoenas. The case was adjourned to allow for further consideration of the matter.