LUKAO & FEIZHOU

This case involved an application by Mr Lukao (the husband) against Ms Feizhou (the wife) in the Family Court of Australia concerning interim orders for their two young children, R and C, and for property. Initially, the matter proceeded on an undefended basis, with the husband seeking various orders including that the children live with him. However, the wife later appeared in court with her solicitor.

The primary legal issues before the court were whether to grant the husband's application for interim orders concerning the children's living arrangements and property, and subsequently, whether to vary those orders upon the wife's appearance and submissions. Specifically, the court had to determine if there were sufficient concerns regarding the wife's mental health and potential risk to the children to justify making orders for the children to live with the father, and to place them on an Airport Watch List. The court also considered the wife's submission that she had been the primary caregiver and that reconciliation was proposed.

Justice Aldridge applied principles relating to the welfare of children and the assessment of risk in interim family law proceedings. The court considered evidence presented by the husband, including text messages from the wife that suggested a significant risk of self-harm. Despite the wife's later appearance and her solicitor's arguments that she had been the primary caregiver and that the alleged threats were cries for help, the court maintained its view that there was an unacceptable risk to the children if they remained with their mother for the fortnight until the next hearing. The court declined to rescind the initial orders but did vary the supervised time the children would spend with their mother and maternal grandmother.

The court made interim orders that the children live with the husband, that they spend supervised time with the wife, and that the wife be restrained from removing them from Australia without consent or court order, with their names placed on an Airport Watch List. The husband was granted exclusive occupation of one of the parties' properties. Following the wife's appearance, the court varied the supervised time arrangements for the children to spend with their mother and maternal grandmother, specifying particular days and times for the period until the matter was next before the court.