Quoc & Quoc

[2007] FamCA 1126

FAMILY COURT OF AUSTRALIA

QUOC & QUOC [2007] FamCA 1126

FAMILY LAW – CHILDREN – Best Interests – Father with equal parental responsibility requesting court permission to take children overseas to a non-convention country in school holidays mainly for cultural awareness purposes - Relevant risk assessment factors – Application refused on best interests grounds including legal system disparity and risk of non-return even with substantial security deposit.

M v M (1988) 166 CLR 69
Re H (1996) 1 All England Reports 1
Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666
Minister for Immigration and Multicultural Affairs v Epeabaka (1998) 160 ALR 543
Wu Shan Liang (1996) 185 CLR 259
AB and AC (2004) SGDC 6
Toric and Toric (1981) FLC 91-046
Re J (a child) (return to foreign jurisdiction: convention rights) (2005) UKHL 40
Loh and Kalliou (2007) Fam CA 444

APPLICANT:  MR QUOC

RESPONDENT:  MRS QUOC

FILE NUMBER: BRF 2737 of 2006

DATE DELIVERED: 14^th September 2007

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: CARMODY J

HEARING DATE: 30^th August 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Hodges

SOLICITOR FOR THE APPLICANT: Bronwyn Hay & Associates

COUNSEL FOR THE RESPONDENT: Ms Hogan

SOLICITOR FOR THE RESPONDENT: Ryan Kruger Lawyers

Orders

1. That the order made in the Family Court of Australia at Brisbane on 30^th August 2007 be discharged;

2. The FATHER’s application for the children, a son born in June 1997 and a daughter born in October 1998, to travel to the Solomon Islands is dismissed;

3. The Solicitors for the MOTHER provide written submissions in relation to any application for costs arising and in relation to the previously reserved costs to the Solicitors for the FATHER and to the Court by close of business on 5^th October 2007;

4. The Solicitors for the FATHER provide written submissions in relation to any application for costs arising and in relation to the previously reserved costs to the Solicitors for the MOTHER and to the Court by close of business on 19^th October 2007;

5. The Solicitors for the MOTHER provide any written submissions in reply by close of business on 29^th October 2007.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Carmody delivered this day will for all publication and reporting purposes be referred to as Quoc & Quoc.

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF 2737 of 2006

MR QUOC

Applicant

And

MRS QUOC

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is a child related proceeding arising from the breakdown of a marital relationship between parents equal sharing parental responsibility and parenting time in Australia under the terms of a consent order signed on 30 August 2007.

2. The parties have consented to the matter being conducted under the less adversarial provisions of Div 12A of the Family Law Act. 

3. The only contested issue left to be decided[1] is whether an order should be made relieving the father of the obligation in…