GAVINO & ELVIRA

The parties, Gavino and Elvira, were before the court concerning interim parenting orders for their children. Following separation, the children had been in the primary care of the mother. The father resided in a different state to the children. The mother travelled to Colombia with the children, who are dual citizens. The children were unable to leave Colombia to return to Australia with the mother without the consent of both parents. The mother sought orders that the children live with her and that she have sole parental responsibility.

The court was required to determine whether to make interim orders for the children to live with the mother and for the mother to have sole parental responsibility. This involved considering the children's current location and the implications of their inability to leave Colombia without parental consent, as well as the existing care arrangements since separation.

In determining the matter, the court applied principles relevant to interim parenting orders in the absence of existing orders. The court considered the children's best interests in the context of the mother's relocation with them to Colombia and the father's differing location. The court noted the practical impediment to the children's return to Australia without both parents' consent. The court's reasoning focused on establishing a stable interim arrangement that addressed the immediate welfare of the children, taking into account the existing de facto care arrangements and the geographical separation of the parents.

The court made interim orders that the children live with the mother and that the mother have sole parental responsibility for the children.