Chu and Lorde

[2019] FamCA 560

FAMILY COURT OF AUSTRALIA

CHU & LORDE [2019] FamCA 560

FAMILY LAW – CHILDREN – Parenting – interim application by the Mother to take the children on overseas travel – where there are final parenting orders in place – where the Father has limited contact with the children – where the Mother wants to travel to China for a dental surgery – where the Mother is not able to afford the dental surgery in Australia – where the Mother’s extended family reside in China – where the children will have the opportunity to experience part of their cultural heritage – where the Father says that the Mother poses a risk of non-return – where the Father says that the Mother is isolating the children from him – where it is in the best interests of the children for them to travel to China with their Mother.

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC.

Kuebler & Kuebler (1978) FLC 90-434
Lees & Halstead and Anor [2018] FamCA 970
Line & Line (1997) FLC 92-729

APPLICANT: Ms Chu

RESPONDENT: Mr Lorde

FILE NUMBER: CAC 478 of 2012

DATE DELIVERED: 16 August 2019

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 12 August 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self-representing

SOLICITOR FOR THE RESPONDENT: Self-representing

Orders

1. The Mother is permitted to travel with the children R, born … 2008, and C, born … 2012 (“the children”), to China between 4 September 2019 and 5 October 2019, and to that end is entitled to remove the children from the Commonwealth of Australia. 

2. It is requested that the Commissioner of the Australian Federal Police remove the children from the Family Law Watchlist.

3. The Mother is at liberty to uplift from the Canberra Registry of the Family Court of Australia the passports of the children and to use those passports for the purposes of the proposed travel to China. 

4. The Mother shall return the children’s passports to the Canberra Registry of the Family Court of Australia immediately following her return to Australia. 

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 478 of 2012

Ms Chu

Applicant

And

Mr Lorde

Respondent

REASONS FOR JUDGMENT

1. The parties to these proceedings are, Ms Chu, the Applicant Mother, and Mr Lorde, the Respondent Father.  There are two children of the relationship, R, born in 2008, and C, born in 2012.

2. The Mother has…