Nye and Yang

Case

[2009] FamCA 1179

20 August 2009


Details
AGLC Case Decision Date
Nye and Yang [2009] FamCA 1179 [2009] FamCA 1179 20 August 2009

CaseChat Overview and Summary

In the matter of *Nye and Yang*, Collier J of the Federal Circuit Court of Australia considered a dispute between the mother, Ms Nye, and the father, Mr Yang, concerning their child, K. The proceedings involved applications relating to parenting orders for the child.

The court was required to determine the appropriate parenting arrangements for K, including issues of parental responsibility, the child's living arrangements, and the extent of time the child would spend with each parent. A significant aspect of the dispute involved the mother's proposed relocation with K to Perth, and the consequential impact on the father's time with the child.

Collier J ordered the discharge of all existing parenting orders and established equal shared parental responsibility for K. The court ordered that K would live with the mother and permitted her to relocate with K to Perth. Specific provisions were made for the father's time with K, both before and after the relocation, and detailing arrangements for school holidays and other periods. The court also made orders restraining the removal of K from Australia and directed the Australian Federal Police to place K on the Airport Watch List. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Sealey & Archer [2008] FamCAFC 142