Fong and Lam

In the Federal Circuit Court of Australia, Judge Harland presided over proceedings between Mr. Fong and Ms. Lam concerning their children, X and Y. The dispute involved arrangements for the children's parental responsibility, living arrangements, and time spent with each parent. Crucially, the proceedings also addressed concerns regarding the potential removal of the children from Australia.

The court was required to determine the nature of parental responsibility to be ordered, specifically whether it should be equal shared parental responsibility. Furthermore, the court needed to decide on the children's living arrangements and the specific time each parent would spend with them. A significant legal issue was the necessity and scope of any orders restraining the children from leaving the Commonwealth of Australia.

Judge Harland made orders for equal shared parental responsibility, with the children to live with the mother and spend time with the father on alternate weekends and alternate Tuesdays. The court also issued orders restraining both parents, their servants, and agents from removing the children from Australia, and restraining the children from leaving the Commonwealth, until further order or until they turned 16. These orders were to be given effect by the Australian Federal Police placing the children's names on a watchlist at all points of arrival and departure. The court also directed the parties to attend a family consultant for the preparation of a memorandum.