Cadzow & Alarie (No 2)

Case

[2021] FCCA 961

25 March 2021


Details
AGLC Case Decision Date
Cadzow and Alarie (No 2) [2021] FCCA 961 [2021] FCCA 961 25 March 2021

CaseChat Overview and Summary

In the matter of Cadzow & Alarie (No 2), Young J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for a child, X, born in 2018. The proceedings involved Mr Cadzow (First Applicant and father), Ms Crowe (Second Applicant and paternal grandmother), Ms Alarie (First Respondent and mother), and Ms Cooke (Second Respondent and maternal grandmother). The court's orders were made in light of undertakings provided by the parties, including an undertaking by the maternal grandmother to ensure the child has no contact with Mr D whilst in her care, and undertakings by the father and paternal grandmother not to disclose the maternal grandmother's residential address or telephone number.

The court was required to determine the arrangements for the child's residence, time spent with each parent and the maternal grandmother, communication between the parents and the child, and to address concerns regarding the mother's potential influence of illicit substances and exposure to family violence. The court also considered the role of the paternal grandmother in the child's care and the communication protocols between the parties.

Young J ordered that the parents, Mr Cadzow and Ms Alarie, have equal shared parental responsibility for the child. The child was ordered to live with the father, who was residing at the paternal grandmother's home. Specific provisions were made for the child to spend time with the mother, with these arrangements subject to supervision by the father, paternal grandmother, or maternal grandmother, depending on the specific contact. The mother was also restrained from allowing the child to come into contact with Mr D and from exposing the child to family violence. The court also made orders regarding communication between the parties, including the use of the Our Family Wizard application, and emergency notification procedures. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

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