ZHIN & ZOU

In this matter before Johnston J of the Family Court of Australia, the dispute concerned parenting arrangements and property settlement following a marriage. The proceedings were undefended, with the husband having removed himself from Australia on bail and subsequently declining to return, resulting in his absence from the jurisdiction for six years. While permitted limited cross-examination and submissions, none of the husband's material was formally considered.

The court was required to determine whether it was in the child's best interests to make orders for equal shared parental responsibility, and what parenting orders, including provisions for the child to live with, spend time with, and communicate with each parent, should be made. Additionally, the court had to consider the division of property, including the wife's claim for an adjustment in her favour under section 75(2) of the Family Law Act 1975 (Cth) and the extent of the husband's property in China.

Johnston J found that it was not in the child's best interests to order equal shared parental responsibility, given the husband's prolonged absence and lack of meaningful involvement with the child. Consequently, the wife was granted sole parental responsibility, with orders that the child live with the wife and spend no time with or communicate with the husband. Regarding property, the court noted the wife's significantly greater contributions and ordered an adjustment in her favour. The husband was ordered to transfer his interest in the Australian property to the wife, with each party retaining other property in their possession. The court also made provision for registrars to sign documents if a party refused to do so.