Wa and Lin and Anor

In the matter of *Wa and Lin and Anor*, Judge Harland of the Federal Circuit Court of Australia made orders concerning the parenting arrangements for the child [X] and the division of property between the parties, Mr Wa and Ms Lin. The proceedings also involved the paternal grandmother, Mrs Wa, who played a significant role as a primary carer in the child's early years. The dispute encompassed issues of shared parental responsibility, the child's residence, time spent with each parent and the paternal grandmother, and restrictions on overseas travel. Additionally, the property proceedings addressed contributions from extended family, the existence of gifts or loans, the husband's interest in a Chinese business, and credit issues concerning both parties, leading to certain addbacks.

The court was required to determine the appropriate parenting orders for the child, including the extent of equal shared parental responsibility, the child's primary residence, and the specific time each parent and the paternal grandmother would spend with the child. A key aspect of the parenting orders involved the paternal grandmother's role, particularly in circumstances where the husband might be living overseas. The court also had to consider and make orders regarding the sale of a property and the division of the net proceeds between the parties. Further, the court needed to address the husband's interest in a business located in China and make determinations regarding various financial contributions and liabilities, including addbacks.

In relation to parenting, the court ordered equal shared parental responsibility and that the child live with the wife, with specific provisions for the child to spend time with the husband, including conditions related to the paternal grandmother's attendance. The paternal grandmother was also granted specific time with the child, including in circumstances where the husband might be living overseas. Crucially, the court imposed significant restrictions on the child's ability to travel overseas, placing the child on the Australian Federal Police watchlist until a specified date, with provisions for consent for international travel. On the property front, the court ordered the sale of a New South Wales property, with the net proceeds to be divided 63% to the husband and 37% to the wife after the discharge of costs and encumbrances. The court also made detailed orders regarding the release of funds held by solicitors, including specific amounts to be paid to the husband and wife, and addressed the husband's obligation to pay a term deposit to the second respondent. The orders also clarified the parties' entitlements to other property and liabilities, severed any joint tenancies, and provided for the Registrar to execute documents if a party failed to do so.