Cage & Cage and Ors

In the matter of *Cage & Cage and Ors*, Justice Mullane of the Family Court of Australia considered urgent interim parenting orders concerning two children, M and C. The proceedings arose from a failure to implement final parenting orders made in March 2006, which had stipulated equal shared care. The mother, despite consenting to these orders, had been unable to facilitate the shared care arrangements and expressed a desire to minimise the children's time with their father, which the court identified as potentially inhibiting the children's development. The maternal grandmother and grandfather were joined as second and third respondents.

The court was required to determine the immediate living arrangements for the children, the extent of contact the mother would have with them, and to address concerns of emotional abuse within the mother's household. Furthermore, the court needed to consider the role of the maternal grandparents and impose necessary restrictions to ensure the children's welfare pending further orders.

Justice Mullane reasoned that the existing final orders were not being implemented and that the children were being subjected to emotional abuse in the mother's care. Applying principles focused on the best interests of the children, the court made interim orders suspending all previous parenting orders. The children were ordered to live with the father, and specific provisions were made to ensure continuity in their schooling and extracurricular activities. Contact with the mother was to be strictly supervised by a contact centre, with significant restrictions placed on her and the maternal grandparents' contact with the children, including prohibitions on attending school or activities, and limited telephone contact.

The court further ordered that the maternal grandmother and grandfather could argue against the restrictions imposed on them at a later date. To support the children's adjustment and the father's parenting, the court mandated counselling for both the children and the father. Compliance with the interim orders was to be supervised by a family consultant. The proceedings were adjourned for further directions and to determine the final stages of the trial.