Wei & Wei (No. 2)

Case

[2007] FamCA 1107

16 August 2007


Details
AGLC Case Decision Date
Wei & Wei (No. 2) [2007] FamCA 1107 [2007] FamCA 1107 16 August 2007

CaseChat Overview and Summary

In *Wei & Wei (No. 2)*, Barry J of the Family Court of Australia made orders concerning children's issues and property settlement between the parties. The dispute involved allegations of child abduction and the division of matrimonial assets.

The court was required to determine the living arrangements and parental responsibility for the child of the marriage, and to make orders regarding the father's contact with the child, including prohibitions on contact and removal from Australia. Additionally, the court had to determine the sale and distribution of proceeds from the former matrimonial home, and the allocation of liabilities and costs between the parties.

Barry J ordered that the child live with the Mother and that the Father have no contact with the child, granting the Mother sole day-to-day care and sole parental responsibility for the child's long-term welfare. The Father was restrained from contacting the child or mother, approaching any school the child attended, applying for a passport for the child, or removing the child from Australia. The Australian Federal Police were directed to place the child on the Airport Watch List. Regarding property, the former matrimonial home was ordered to be sold, with the Wife appointed trustee for the sale and granted exclusive occupation until sale. The net proceeds were to be distributed after payment of sale costs, mortgage discharge, and legal costs, with a specific sum allocated to the Wife for property settlement and the balance to her in full and final settlement of outstanding costs. Each party was to bear their own liabilities, except for the Wife's application for costs. A Registrar was empowered to execute documents to implement these orders in substitution for the Husband.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1