CHIAO & WEN

[2015] FamCA 500

FAMILY COURT OF AUSTRALIA

CHIAO & WEN [2015] FamCA 500

FAMILY LAW – CHILDREN – Best interests – Overseas travel – Where the father has sole parental responsibility of the child – Where the mother has not provided written consent to the proposed travel nor did she appear at the hearing – Where China is not a party to the Hague Convention – Where the father has insufficient ties to Australia to assure the Court of the return of the child – Where the father does not have the means to provide a security for the travel – Application dismissed.

Family Law Act 1975 (Cth) ss 60CA, 60CC, 61C(3)

Gin & Hing [2010] FamCA 617
Line & Line(1997) FLC 92-729.

APPLICANT: Mr Chiao

RESPONDENT: Ms Wen

FILE NUMBER: ADC 3665 of 2011

DATE DELIVERED: 30 June 2015

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: McClelland J

HEARING DATE: 29 June 2015

REPRESENTATION

FOR THE APPLICANT: Mr Chiao with the assistance of an interpreter

FOR THE RESPONDENT: No appearance for or on behalf of the respondent

Orders

1. The application in a case filed by the father on 22 June 2015 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym  Chiao & Wen has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 3665 of 2011

Mr Chiao

Applicant

And

Ms Wen

Respondent

REASONS FOR JUDGMENT

1. The applicant, Mr Chiao (“the father”), has made an application for the Court’s permission to travel to China with his 13 year old daughter during the period from 26 September 2015 until 10 October 2015.

Background

1. By orders made on 28 April 2014, the father was awarded sole parental responsibility in respect of decisions concerning the major long term care, welfare and development of his child C (aka “C”) (“the child”) who was born in 2002.

2. Orders were also made for the child to live with the father and for the mother, Ms Wen (“the mother”), to spend time with the child upon such terms and upon such conditions as agreed between the parties.

Applications for Approval to Travel to China

1. This is the father’s second attempt to obtain permission to take the child on a holiday to China after an application in a case which he filed on November 2014 was dismissed.  The Court was then concerned that the child did not have a passport and there was inadequate information before the Court about the father’s connections to Australia.  

2. Other than in respect to authorising the father to apply for a passport without requiring the mother’s consent, the application was dismissed.

3. This current application in a case was filed on 22 June 2015. The relevant order sought by the father is that he “be permitted to remove the child from the Commonwealth of Australia for the purposes of overseas travel”.

4. The father has filed a supporting affidavit sworn 22…