Wul and Au-Yong

Case

[2016] FamCA 1041

29 November 2016


Details
AGLC Case Decision Date
Wul and Au-Yong [2016] FamCA 1041 [2016] FamCA 1041 29 November 2016

CaseChat Overview and Summary

In this matter before Cronin J, the parties, identified as the husband and wife, sought orders concerning their child, J. The dispute centred on parenting arrangements, including the child's residence, time spent with each parent, and the potential relocation of the child to Taiwan.

The court was required to determine the appropriate parenting orders for the child, J, considering the parents' applications. Key issues included whether to discharge existing parenting orders, the extent of equal shared parental responsibility, and the conditions under which the child could relocate to Taiwan with the wife. The court also had to establish specific arrangements for the child's time with the husband, both before and after the proposed relocation, and address the practicalities of international travel and communication.

Cronin J discharged all extant parenting orders and made new orders establishing equal shared parental responsibility for J. The wife was granted permission to take the child to live in Taiwan from 22 August 2017, with the child to live with the wife otherwise. Detailed provisions were made for the child's time with the husband, including weekend and holiday contact, and significant periods of time in Taiwan from 22 August 2017 onwards. The court also stipulated arrangements for the wife to bring the child to Australia for contact with the husband, with provisions for the husband to contribute to airfares. Further orders addressed electronic communication, the husband's option to bring the child to Australia, and the holding of the child's passports. The court also included a Fact Sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Kopel & Ferro [2016] FamCAFC 202
Kopel & Ferro [2016] FamCAFC 202
Godfrey & Sanders [2007] FamCA 102