Cage and Cage and Ors

Case

[2009] FamCA 719

11 August 2009


Details
AGLC Case Decision Date
Cage and Cage and Ors [2009] FamCA 719 [2009] FamCA 719 11 August 2009

CaseChat Overview and Summary

The case of *Cage and Cage and Ors* concerned parenting orders made by Justice Watts. The dispute involved the mother and father of two children, M and C, regarding their future care and living arrangements. The court was required to determine the specific terms of parenting orders, including parental responsibility, living arrangements, and time spent with each parent, as well as provisions for potential future changes in circumstances.

Justice Watts considered the best interests of the children in making the orders. The court discharged all previous parenting orders and established new arrangements. The mother was granted sole parental responsibility for decisions concerning M and C, and the children were to live with her. Specific provisions were made for the children to spend time with their father, including weekly evening meals, time during school holidays, and on birthdays and other significant occasions.

Crucially, the orders included a conditional provision: if M, of his own volition, chose to reside with his father within two years of the orders, the existing arrangements would be discharged. In such an event, the father would gain sole parental responsibility, the children would live with him, and the mother's contact would be significantly restricted, initially to supervised time at a child contact centre for a minimum of twelve months, with a provision for her to apply for unsupervised time thereafter. The court also requested the Australian Federal Police to place the children on the Airport Watch List to prevent their removal from Australia and appointed Justice Watts to manage any future applications concerning the children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1