Ha and Lan

In the matter of Ha and Lan, heard before Judge Scarlett, the dispute concerned parenting arrangements for a child, X, born in 2014. The orders indicate that the mother sought and was granted leave to proceed ex parte, suggesting the father's absence or inability to participate in the proceedings. The core of the dispute revolved around where the child should live, who should have parental responsibility, and the extent of each parent's involvement in decisions concerning the child, including international travel and passport applications.

The court was required to determine several key issues. Firstly, it had to decide whether the child, X, should live with the mother or the father. Secondly, the court needed to ascertain whether any parenting orders should be made in favour of the father. Thirdly, the court was tasked with determining who should hold sole parental responsibility for the child. Finally, the court had to consider the mother's ability to obtain a passport for the child and to travel internationally with the child without the father's consent or notification.

Judge Scarlett ordered that the child X is to live with the mother and that no parenting order would be made in favour of the father. The mother was granted sole parental responsibility for the child. To facilitate the exercise of this sole responsibility, the mother was authorised to provide a copy of the orders to any instrumentality or authority. Furthermore, the mother was permitted to apply for a passport for the child without the father's consent, with her signature being sufficient for the application and issuance of the passport. The father's consent or signature for these purposes was dispensed with. The mother was also permitted to travel with the child outside of Australia without notifying or obtaining the father's consent.