AGUILERA & AGUILERA
Case
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[2019] FCCA 1355
•22 May 2019
Details
AGLC
Case
Decision Date
Aguilera and Aguilera [2019] FCCA 1355
[2019] FCCA 1355
22 May 2019
CaseChat Overview and Summary
In the matter of *Aguilera & Aguilera*, heard by Judge Kari, the dispute concerned interim parenting orders following the wife's unilateral relocation of the parties' two children from South Australia to Western Australia. The proceedings were complicated by allegations of family violence and sexual abuse against the children.
The court was required to determine the immediate living arrangements for the children, the terms of their time with each parent, and the conditions under which such time would occur. Crucially, the court also had to consider the impact of the alleged family violence and abuse on the children's welfare and safety, necessitating the involvement of external agencies and professionals.
The court ordered the wife to return the children to Adelaide, South Australia, by a specified date, and thereafter restrained her from removing them from the metropolitan area. The children were to live with the wife, but their time with the husband was to be supervised by agreed-upon individuals, with specific handover protocols at a police station. The court also imposed injunctions restraining both parties from consuming alcohol or illicit substances prior to and during time with the children, from abusing or denigrating each other in the children's presence, from discussing proceedings with the children, and from physically or verbally disciplining the children. Further orders included the appointment of an Independent Children's Lawyer, the provision of relevant information from the Department for Child Protection and South Australian Police regarding abuse allegations, and the preparation of a family report to assess the children's best interests. The proceedings were adjourned for a callover and potential trial listing.
The court was required to determine the immediate living arrangements for the children, the terms of their time with each parent, and the conditions under which such time would occur. Crucially, the court also had to consider the impact of the alleged family violence and abuse on the children's welfare and safety, necessitating the involvement of external agencies and professionals.
The court ordered the wife to return the children to Adelaide, South Australia, by a specified date, and thereafter restrained her from removing them from the metropolitan area. The children were to live with the wife, but their time with the husband was to be supervised by agreed-upon individuals, with specific handover protocols at a police station. The court also imposed injunctions restraining both parties from consuming alcohol or illicit substances prior to and during time with the children, from abusing or denigrating each other in the children's presence, from discussing proceedings with the children, and from physically or verbally disciplining the children. Further orders included the appointment of an Independent Children's Lawyer, the provision of relevant information from the Department for Child Protection and South Australian Police regarding abuse allegations, and the preparation of a family report to assess the children's best interests. The proceedings were adjourned for a callover and potential trial listing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Evidence
Legal Concepts
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Injunction
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Procedural Fairness
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Jurisdiction
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Remedies
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Standing
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Appeal
Actions
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Citations
Aguilera and Aguilera [2019] FCCA 1355
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
SS & AH
[2010] FamCAFC 13
Marvel & Marvel
[2010] FamCAFC 101
Eaby & Speelman
[2015] FamCAFC 104