Yung & Duan (No. 2)

The case involved Mr. Yung and Ms. Yung (the applicants) and Mr. Duan, Ms. Wan, and Ms. Duan (the respondents), concerning the welfare of a child, Y (X), born in 2006. Both of X's biological parents were deceased, and he resided in Australia with his sister, Ms. Yung, and his step-father, Mr. Yung. The maternal family, the respondents, sought orders for equal shared parental responsibility and for X to visit China. The court was required to consider the impact of COVID-19 travel restrictions and the expressed wishes of the child.

The court was tasked with determining the best interests of X, specifically regarding his living arrangements, parental responsibility, and the extent of his contact with his maternal family in China. Key issues included how to balance the child's expressed wishes to remain in Australia with the maternal family's desire for him to visit China, and how to structure parental responsibility given the deceased biological parents and the existing relationships with the step-father and sister. The court also had to consider the practicalities of international travel and communication in light of global circumstances.

Baumann J gave significant weight to the expressed wishes of X, who was 15 years old at the time of the decision. The court found that X had adjusted well to living in Australia and did not wish to disrupt his current arrangements by travelling to China. While acknowledging the importance of X maintaining a relationship with his maternal family, the court prioritised his security and sense of routine derived from his relationships with his step-father and sister. The court ordered equal shared parental responsibility between Mr. Yung and Ms. Yung, with an obligation to consult and inform the maternal grandparents and aunt regarding major long-term decisions. The court also made orders facilitating communication between X and his maternal family in Australia, but specifically ordered that X not travel outside of Australia to spend time with them.