SLATER & HERRADA VALERA
Case
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[2015] FamCA 988
•11 November 2015
Details
AGLC
Case
Decision Date
SLATER & HERRADA VALERA [2015] FamCA 988
[2015] FamCA 988
11 November 2015
CaseChat Overview and Summary
In the matter of *Slater & Herrada Valera*, Stevenson J of the Federal Circuit Court of Australia considered an application concerning the living arrangements for four children: B, C, D, and E. The dispute centred on the children's residence and the terms of their time with each parent.
The court was required to determine the primary living arrangements for the children, including whether to discharge existing orders and establish a new schedule for their time with each parent. Additionally, the court addressed the specific arrangements for the children during the 2015/2016 Christmas school holidays, the mother's ongoing medical treatment, and the publication of material concerning the children. A further issue was the prevention of the children's removal from Australia.
Stevenson J ordered the discharge of all existing orders concerning the children. The court then made orders for the children to live with each parent on an equal time week-about basis, with changeovers occurring at 10:00 am on Saturdays, commencing with the mother on 14 November 2015. Specific arrangements were detailed for the children's time with the mother during the 2015/2016 Christmas school holidays, with the father to have the children at all other times during that period. The mother was ordered to continue attending her treating psychiatrist and follow medical recommendations. Crucially, the mother was restrained from publishing material concerning the children in any forum and was required to remove any previously posted material. Both parties were also restrained from removing the children from Australia, with a request for the Australian Federal Police to place the children's names on the Airport Watch List. The parties and the Independent Children’s Lawyer were granted liberty to vary these arrangements by written agreement.
The court was required to determine the primary living arrangements for the children, including whether to discharge existing orders and establish a new schedule for their time with each parent. Additionally, the court addressed the specific arrangements for the children during the 2015/2016 Christmas school holidays, the mother's ongoing medical treatment, and the publication of material concerning the children. A further issue was the prevention of the children's removal from Australia.
Stevenson J ordered the discharge of all existing orders concerning the children. The court then made orders for the children to live with each parent on an equal time week-about basis, with changeovers occurring at 10:00 am on Saturdays, commencing with the mother on 14 November 2015. Specific arrangements were detailed for the children's time with the mother during the 2015/2016 Christmas school holidays, with the father to have the children at all other times during that period. The mother was ordered to continue attending her treating psychiatrist and follow medical recommendations. Crucially, the mother was restrained from publishing material concerning the children in any forum and was required to remove any previously posted material. Both parties were also restrained from removing the children from Australia, with a request for the Australian Federal Police to place the children's names on the Airport Watch List. The parties and the Independent Children’s Lawyer were granted liberty to vary these arrangements by written agreement.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Citations
SLATER & HERRADA VALERA [2015] FamCA 988
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