ZAU & UONG

In the matter of ZAU & UONG, the father sought orders regarding his 17-year-old child, who was living independently and attending E School, with no current contact with the mother. The mother sought orders for the child to spend time with her, including permission to visit the child at school. The case was heard by Macmillan J.

The primary legal issue before the court was whether to make orders requiring the child to spend time with the mother, considering the child's age, his independent living arrangements, and the existing lack of contact. The court was required to assess the likely effect of any such orders on the child, particularly in light of his crucial schooling year and the ongoing conflict between his parents. The court also considered the capacity of each parent to provide for the child's needs and their attitudes towards parenthood.

Macmillan J determined that no orders should be made requiring the child to spend time with the mother. The court was satisfied that the father had facilitated the child spending time with the mother and would support such contact if the child wished it. However, the court found that imposing contact orders, even limited ones, could have a significant negative impact on the child, potentially undermining his stability at school and disrupting his studies. Conversely, the court considered that leaving the child free to pursue his education without parental conflict would likely have a positive effect. The court noted that the child’s needs were largely met by E School, with the father bearing the financial responsibility and demonstrating a strong capacity to provide for the child's general needs.

The court acceded to the father’s application and the submissions of the Independent Children’s Lawyer, making no orders requiring the child to spend time with the mother. The child remained free to contact his mother if he chose to do so.