Family Court of Australia

Zaro & Zan [2019] FamCA 4 (11 January 2019)
FAMILY LAW – JURISDICTION – STAY APPLICATION – proceedings commenced by wife in Australia for parenting and property orders – proceedings commenced by husband for divorce, child support, parenting and property proceedings in People’s Republic of China – husband sought stay of all proceedings in Australia – husband and child live in China – whether Court has jurisdiction to make parenting orders – whether child is “habitually resident” in Australia – consideration of bifurcation of the proceedings – stay ordered in respect of parenting proceedings – husband fails to discharge onus that Family Court of Australia is a “clearly inappropriate forum” for the property proceedings commenced by the wife in Australia.

Sun & Long [2019] FamCA 3 (11 January 2019)
FAMILY LAW – CHILDREN – Recovery order – Anti-suit injunction – Interim parenting orders – Where the mother seeks that a recovery order be made – Where the mother seeks that the father be restrained from proceeding with his parenting application in China – Where the mother seeks interim orders that she have sole parental responsibility for the child – Where the mother seeks interim orders that the child live with her – Where the father asserts that there is no jurisdictional basis for consideration of the mother’s application by this Court – Where the Court finds that the child was not habitually resident in Australia – Where the Court declines to make orders sought by the mother on a jurisdictional basis.

Adel & Banes [2019] FamCA 7 (3 January 2019)
FAMILY LAW – INTERNATIONAL CHILD ABDUCTION – international parenting dispute – where the submission by the left behind parent in the United States of America submits that this court does not have jurisdiction to make parenting orders is not accepted.
FAMILY LAW – JURISDICTION – distinction between the jurisdiction and the court’s power to make orders.
FAMILY LAW – JURISDICTION – impact on court’s power to make parenting orders inconsistently with a registered overseas child order.
FAMILY LAW – JURISDICTION – impact of 1996 Child Protection Convention on court’s power to make parenting orders.
FAMILY LAW – JURISDICTION – impact of pending Hague return application on court’s power to make parenting orders.
FAMILY LAW – INTERNATIONAL CHILD ABDUCTION – habitual residence.
FAMILY LAW – PRACTICE AND PROCEDURE – preparation of expert social science report – preliminary Hague assessment – direct judicial communication.

 

 

 

 

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