Hsing and Song

Case

[2016] FamCA 986

17 November 2016


Details
AGLC Case Decision Date
Hsing and Song [2016] FamCA 986 [2016] FamCA 986 17 November 2016

CaseChat Overview and Summary

In *Hsing and Song*, Forrest J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for the child, B. The dispute involved the mother, Ms Song, and the father, Mr Hsing, regarding the future of their child, who was born in 2012.

The court was required to determine issues of equal shared parental responsibility for major long-term issues, the child's living arrangements, and the specific arrangements for the child's return to China. The court also considered the practical steps necessary to facilitate the child's departure from Australia and ongoing communication between the child and the mother.

Forrest J ordered that the parents have equal shared parental responsibility for major long-term issues, with the exception of the decision for the child to return to China. The child was ordered to live with the father and spend time with the mother as agreed in writing. Crucially, the court ordered that the child be returned to China, with specific directions for the mother to deliver the child to his paternal grandparents, hand over his Australian passport, and for his name to be removed from the Family Law Watchlist to facilitate their departure. The orders also stipulated that if the mother remained in Australia, the child's time with her would include holiday periods in both Australia and China. The father was also directed to facilitate regular video communication between the child and the mother.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Ghazal and Werther [2017] FamCA 1083
Cases Cited

2

Statutory Material Cited

2

Karim & Khalid [2007] FamCA 1287
ZP v PS [1994] HCA 29