VEGA & VEGA

In the matter of VEGA & VEGA, Judge Kari considered an interim parenting dispute between a mother and father concerning their three children. The primary issue before the court was the immediate return of two children, [X] and [Y], to the mother, who alleged they had been withheld from her care. The case also involved allegations of family violence and the separation of siblings.

The court was required to determine the interim living arrangements for the children, including whether the mother should be permitted to relocate them to Town A in South Australia. Further, the court needed to establish interim contact arrangements for the father with the children, and address specific therapeutic needs for the eldest child, [Z]. The court also had to consider injunctive relief to protect the children and ensure appropriate handover procedures.

Judge Kari ordered the father to deliver the children [X] and [Y] to the mother on a specified date. Thereafter, the children [Z], [X], and [Y] were to live with the mother, with her permitted to relocate their principal residence to Town A. Specific interim time arrangements were made for the father to spend with the children, contingent on his relocation and work roster, with certain periods of time suspended. The court also ordered therapeutic counselling for [Z] and directed that [Z]'s time with the father be in consultation with the therapist. Injunctions were granted restraining the father from consuming alcohol prior to and during his time with the children, and both parties were restrained from discussing the proceedings with or denigrating the other parent in the presence of the children. Finally, the court ordered the parties and children to attend an appointment with a Family Consultant, who was to provide advice to the court on agreed and disputed issues, and the proceedings were adjourned for mention.