Zong & Lim

Zong and Lim were married in China and have one child together. After their separation in 2012, the mother relocated to Australia with their child. The father remained in China. They divorced in 2014. The mother has sole care of the child, with the father having agreed contact. However, the father’s behaviour and attitude towards the mother have led to a breakdown in their relationship, leading to the mother seeking various court orders to protect herself and the child. The matter has been before the court for a number of years, with the father challenging many of the court’s orders and the mother’s evidence at almost every opportunity. The court was required to consider whether the father’s behaviour constituted an unacceptable risk to the child, and whether such risk would impair the mother’s capacity to parent, or whether there was an unacceptable risk to the child’s welfare if contact with the father was permitted. The court considered the evidence of the parties and witnesses, as well as relevant case law, in determining whether an order for no time should be made. The court found that the father’s behaviour was an unacceptable risk to the child and the mother’s ability to parent. The court also found that the mother’s genuine fear of the father’s behaviour would impact adversely on her ability to care for the child. Therefore, the court made an order for no time, based on the father’s unacceptable risk to the child and the mother’s ability to parent. The father was also ordered to pay the mother’s costs of the proceeding.