Ding & Kang

This case concerned parenting and property disputes between Ms Ding (the applicant) and Mr Kang (the respondent). The matter came before Judge W J Neville in the Federal Circuit Court of Australia on 3 August 2021.

The court was required to determine several legal issues, including the appropriate parenting arrangements for the child, X, born in 2018, and the division of the parties' property. Specifically, the court needed to decide on sole parental responsibility, the child's residence, and whether to grant an injunction preventing the respondent from removing the child from Australia or pursuing parenting applications in China. Furthermore, the court had to address the division of various assets, including real estate and financial accounts, and the allocation of liabilities.

In relation to parenting, the court noted the father's lack of engagement with the child and his initiation of parenting proceedings in China without the mother's knowledge, which was considered concerning. The court applied principles of family law to make orders for the child's sole parental responsibility to the applicant, residence with the applicant in Australia, and time with the respondent as agreed. Crucially, an injunction was granted to prevent the respondent from removing the child from Australia, with the Australian Federal Police requested to place the child on the Family Law Watch List. The respondent was also restrained from pursuing parenting applications in China and from attending near the child's residence or educational facilities. For property, the court ordered the transfer of the parties' Australian property and the proceeds of sale of investment properties to the applicant, with the applicant assuming sole responsibility for associated outgoings. Each party was declared the sole legal and beneficial owner of property in their respective names, with specific exclusions for funds withdrawn by the respondent and property interests in China. The court also ordered the respondent to pay the applicant's costs.