Long & Tranh

In the matter of *Long & Tranh*, Coleman J of the Family Court of Australia considered applications concerning the parental responsibility and living arrangements for a child born in October 1993. The proceedings involved the mother, Ms Long, and the father, Mr Tranh. The core of the dispute revolved around the child's relationship with the father and the mother's ability to have the child live with her and travel internationally.

The court was required to determine whether it was in the child's best interests to have a relationship with the father, and consequently, with whom the child should spend time. Furthermore, the court had to consider the mother's request to be permitted to remove the child from the jurisdiction from time to time. A related issue was whether the father should be declared a vexatious litigant under section 118 of the *Family Law Act 1975* (Cth), and the question of costs.

Coleman J reasoned that it was not in the child's best interests to spend time with the father, and therefore, the mother should have sole parental responsibility. The court ordered that the child live with the mother and spend no time with the father unless the child expressed a wish to do so. The father was directed to provide all necessary consents for the child to obtain a passport and visas, and to travel overseas, with a registrar authorised to execute these documents if the father refused. The court also made orders restraining both parties from instituting further proceedings without judicial permission, and dismissed all other applications. The father's confirmation that he would not sign the necessary documents meant the mother could proceed directly to seek the registrar's signature.