CAIN & MCCALLUM

Case

[2017] FCCA 359

2 March 2017


Details
AGLC Case Decision Date
Cain and McCallum [2017] FCCA 359 [2017] FCCA 359 2 March 2017

CaseChat Overview and Summary

In the matter of CAIN & MCCALLUM, heard by Judge A Kelly, the court made parenting orders concerning the children X and Y. The dispute involved the father and mother regarding the arrangements for their children.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the living arrangements for the children, provisions for special days, and conditions relating to the mother's alcohol consumption and testing. The court also considered communication protocols between the parents and the children, non-denigration clauses, and notification requirements regarding the children's health and education.

The court ordered that the father and mother share equal parental responsibility for major long-term issues concerning the children, while each parent has sole responsibility for day-to-day care when the children are with them. The living arrangements for the children were detailed, with a phased approach to unsupervised time for the mother, contingent on geographical proximity to the children's school and the mother's compliance with specific conditions. These conditions included abstaining from alcohol, undergoing regular alcohol testing (CDT, LF, and breathalyser), and engaging in alcohol management and treatment. Failure to comply with these conditions would result in a reversion to supervised contact arrangements. The court also made orders regarding communication, special days, non-denigration, and notification of health and educational matters. All outstanding applications were dismissed, and prior parenting orders were discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

4

Oswald & Karrington [2016] FamCAFC 152