Cage and Cage & Ors (No 3)
Case
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[2009] FamCA 1349
•18 March 2009
Details
AGLC
Case
Decision Date
Cage and Cage & Ors (No 3) [2009] FamCA 1349
[2009] FamCA 1349
18 March 2009
CaseChat Overview and Summary
In the matter of *Cage and Cage & Ors (No 3)*, Flohm J of the Family Court of Australia considered applications by the father alleging contravention and contempt of court orders by the mother and the maternal grandparents. The disputes centred on whether the maternal grandfather had attended the children's school contrary to orders, whether the mother had enticed the children to leave early from time with the father, and whether the maternal grandmother had permitted the children to live at her home contrary to court orders. Further allegations included the mother failing to make the children available for time with the father and permitting them to reside with the maternal grandparents for over 12 months after the orders were made.
The court was required to determine whether the alleged actions constituted contraventions of the existing Family Court orders, and in some instances, whether these contraventions amounted to contempt of court. Specifically, the court had to assess whether the mother had reasonable excuse for any failure to comply with the orders regarding the children's time with the father and their residence. The court also considered allegations of contempt against the maternal grandfather, Mr F, and the maternal grandmother, Mrs F.
Flohm J dismissed all applications brought by the father. The reasoning for these dismissals is not detailed in the provided text, but the outcome indicates that the court found no contravention or contempt had occurred, or that the applications were otherwise without merit. The court made no findings of contravention or contempt against the mother, Mr F, or Mrs F.
Consequently, the father's applications alleging contravention by the mother of orders made on 23 July 2007 and 7 March 2006 were dismissed. The application alleging contempt by Mr F was dismissed as withdrawn. The father's applications alleging contempt by the mother and Mrs F of orders made on 23 July 2008 and 30 September 2008 were also dismissed.
The court was required to determine whether the alleged actions constituted contraventions of the existing Family Court orders, and in some instances, whether these contraventions amounted to contempt of court. Specifically, the court had to assess whether the mother had reasonable excuse for any failure to comply with the orders regarding the children's time with the father and their residence. The court also considered allegations of contempt against the maternal grandfather, Mr F, and the maternal grandmother, Mrs F.
Flohm J dismissed all applications brought by the father. The reasoning for these dismissals is not detailed in the provided text, but the outcome indicates that the court found no contravention or contempt had occurred, or that the applications were otherwise without merit. The court made no findings of contravention or contempt against the mother, Mr F, or Mrs F.
Consequently, the father's applications alleging contravention by the mother of orders made on 23 July 2007 and 7 March 2006 were dismissed. The application alleging contempt by Mr F was dismissed as withdrawn. The father's applications alleging contempt by the mother and Mrs F of orders made on 23 July 2008 and 30 September 2008 were also dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Remedies
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Jurisdiction
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Short & Trevilian (No. 7)
[2008] FamCA 548
LGM & CAM (Contempt) (No 2)
[2008] FamCAFC 1