Cave and Cave

This matter concerned an application before the Family Court of Australia between Ms Cave (the applicant mother) and Mr Cave (the respondent father) regarding parental responsibility and time spent with their two sons, B and C. The proceedings were heard undefended by the mother, who had ceased to participate in court proceedings following the release of a Family Consultant's report in April 2011. The court was satisfied that the mother was aware of the final hearing date but chose not to attend.

The primary legal issues before the court were to determine the nature of parental responsibility for the children and to make final orders regarding the children's living arrangements and the time they would spend with each parent. The court was required to consider the welfare of the children, their progress at school and in their father's care, and the mother's capacity to participate in their lives, particularly in light of her personal difficulties including alcohol abuse and depression.

Justice Cleary found that the children had continued to do well in the father's care, with improvements noted in their schooling and the father's increased availability. While the mother's contact with the children had been inconsistent, leading to disappointment, the court acknowledged her desire to be part of their lives. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the children's best interests and the promotion of shared parental responsibility where appropriate, the court made orders for equal shared parental responsibility. The orders stipulated that the children would live with the father, with specific provisions for the mother to spend time with them, subject to her confirmation of attendance and a restraint on alcohol consumption during such time. The court also included provisions for communication between the mother and children and for the mother to provide medical reports to treating practitioners.