Said and El Adaba
Case
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[2009] FamCA 1289
•10 December 2009
Details
AGLC
Case
Decision Date
Said and El Adaba [2009] FamCA 1289
[2009] FamCA 1289
10 December 2009
CaseChat Overview and Summary
In the matter of *Said and El Adaba*, heard before Cronin J, the dispute concerned parenting orders relating to two children, A and R. The court was required to determine the future parenting arrangements for the children, including issues of their long-term care, welfare, development, and residence. Additionally, the court considered the implications of previous orders concerning the children's travel and the role of the Independent Children's Lawyer.
The court's reasoning led to a significant alteration of existing parenting orders. Cronin J discharged all extant parenting orders and granted the wife sole responsibility for the long-term care, welfare, and development of both children. The children were ordered to live with the wife, and previous restrictions preventing their removal from the Commonwealth of Australia, including placement on an Airport Watch List, were also discharged. The Independent Children's Lawyer was discharged from the proceedings.
Furthermore, the court made orders to facilitate the wife's immediate departure from Australia with the children. Crucially, pursuant to section 118 of the *Family Law Act 1975* (Cth), the husband was restrained, without leave of a judge of the Family Court of Australia, from instituting further proceedings for parenting orders. The registrar was directed to arrange service of these orders upon the Australian Federal Police, and all other proceedings were dismissed.
The court's reasoning led to a significant alteration of existing parenting orders. Cronin J discharged all extant parenting orders and granted the wife sole responsibility for the long-term care, welfare, and development of both children. The children were ordered to live with the wife, and previous restrictions preventing their removal from the Commonwealth of Australia, including placement on an Airport Watch List, were also discharged. The Independent Children's Lawyer was discharged from the proceedings.
Furthermore, the court made orders to facilitate the wife's immediate departure from Australia with the children. Crucially, pursuant to section 118 of the *Family Law Act 1975* (Cth), the husband was restrained, without leave of a judge of the Family Court of Australia, from instituting further proceedings for parenting orders. The registrar was directed to arrange service of these orders upon the Australian Federal Police, and all other proceedings were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Injunction
Actions
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Citations
Said and El Adaba [2009] FamCA 1289
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