Mou and Chhoi

In *Mou & Chhoi* [2014] FamCA 108, the Family Court of Australia considered applications by the husband, Mr Mou, concerning parenting orders and the sale of the former matrimonial home. The wife, Ms Chhoi, appeared unrepresented. The Independent Children’s Lawyer also participated in the proceedings.

The primary legal issues before the Court were whether to vary existing parenting orders to allow the husband greater involvement in his child’s life, and whether to order the sale of the former matrimonial home to satisfy significant debts owed to the Australian Taxation Office and Medicare. The Court also considered the wife's failure to attend a court-ordered psychiatric examination.

Justice Cronin dismissed the husband's application to vary parenting orders, finding that nothing presented justified a change to the existing supervised contact arrangements, particularly given the paramount consideration of the child's best interests and the unresolved allegations of family violence. However, the Court allowed the husband to borrow up to 50% of the former matrimonial home's value to address the tax and Medicare debts, provided he satisfied certain conditions regarding proof of debt and application of funds. The Court also permitted the husband to attend school events, provided he did not come into physical contact with the child, and ordered the wife to attend a previously scheduled appointment with Dr E. The husband's application for the sale of the former matrimonial home was dismissed.