Cappetto and Cappetto (No 3)

Case

[2011] FamCA 345

11 May 2011


Details
AGLC Case Decision Date
Cappetto and Cappetto (No 3) [2011] FamCA 345 [2011] FamCA 345 11 May 2011

CaseChat Overview and Summary

In *Cappetto and Cappetto (No 3)*, Watts J of the Family Court of Australia made orders concerning the parenting arrangements for the parties' two children, B and S. The dispute centred on the future care and time arrangements for the children, following previous orders.

The court was required to determine the appropriate parenting orders, including who should have parental responsibility for long-term issues, where the children should live, and the specific arrangements for the children to spend time with each parent. The court also had to consider conditions and restrictions to be placed on the mother's time with the children, and the role of a supervisor.

Watts J discharged all previous parenting orders and made new orders that the father have sole parental responsibility for all long-term issues, with a requirement to provide the mother with notice and an opportunity to comment on proposed decisions. The children were ordered to live with the father. The mother's time with the children was initially significantly restricted and supervised, with specific conditions designed to protect the children's safety, health, and well-being. These conditions included prohibitions on denigrating the father or undermining the court orders, and the supervisor's obligation to terminate contact and notify the father if the mother endangered the children. The orders also outlined a phased approach to increasing the mother's time with the children, contingent on her compliance with the conditions and completion of a post-separation and counselling course. Further orders addressed specific issues such as discipline, changeovers, communication, and the children's schooling and medical care.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Breach

  • Appeal

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 36