Cave and Carle
Case
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[2019] FamCA 985
•19 December 2019
Details
AGLC
Case
Decision Date
Cave and Carle [2019] FamCA 985
[2019] FamCA 985
19 December 2019
CaseChat Overview and Summary
In the matter of *Cave and Carle*, heard by Tree J, the dispute concerned applications to vary existing parenting orders relating to a child. The father sought to vary orders concerning the child's living arrangements and time spent with each parent, while the mother also filed an amended application.
The court was required to determine whether the existing parenting orders, made on 17 June 2019, should be varied, and to consider the father's application filed on 8 November 2019 and the mother's amended application filed on 13 December 2019. Specifically, the court had to decide on the specific terms of the child's time spent with the father, including changeover arrangements, and whether to discharge certain existing orders.
Tree J varied Order 3 of the existing orders to specify the child's time with the father, including alternate weekly arrangements commencing on Thursdays and concluding before Monday school, with provisions for changeovers at specific locations or with an agent if days were non-school days. Order 4 of the existing orders was discharged. The court also made specific orders for the child to live with the father during a defined period of the Christmas and New Year holiday period in 2019, and for the child to communicate with the mother on Christmas Day. The time for the father to comply with a previous order from 23 September 2019 was enlarged. Otherwise, both the father's and the mother's applications were dismissed.
The court was required to determine whether the existing parenting orders, made on 17 June 2019, should be varied, and to consider the father's application filed on 8 November 2019 and the mother's amended application filed on 13 December 2019. Specifically, the court had to decide on the specific terms of the child's time spent with the father, including changeover arrangements, and whether to discharge certain existing orders.
Tree J varied Order 3 of the existing orders to specify the child's time with the father, including alternate weekly arrangements commencing on Thursdays and concluding before Monday school, with provisions for changeovers at specific locations or with an agent if days were non-school days. Order 4 of the existing orders was discharged. The court also made specific orders for the child to live with the father during a defined period of the Christmas and New Year holiday period in 2019, and for the child to communicate with the mother on Christmas Day. The time for the father to comply with a previous order from 23 September 2019 was enlarged. Otherwise, both the father's and the mother's applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Costs
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Remedies
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Citations
Cave and Carle [2019] FamCA 985
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30
S v Australian Crime Commission
[2005] FCA 1310
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30