Cave & Cave

This matter concerned parenting orders between Mrs Cave (the mother) and Mr Cave (the father) regarding their two children, R and M. The dispute involved the mother seeking sole parental responsibility and the children living with her, along with specific provisions for international travel and communication with the father. The case was heard by Benjamin J in the Federal Magistrates Court.

The court was required to determine the terms of final parenting orders, including whether to discharge previous orders, grant the mother sole parental responsibility, and make orders regarding the children's residence, passport applications, removal from Airport Watch Lists, international travel, and the father's contact with the children. The court also needed to consider the implications of the father's imprisonment for a violent crime on the parenting arrangements.

The court's decision was made by consent of both parties, reflecting an agreement on the final parenting arrangements. The legal principles applied were those governing parenting orders under the *Family Law Act 1975*, with a focus on the best interests of the children. The court discharged all previous parenting orders and, by consent, made orders granting the mother sole parental responsibility and the children's residence with her. Specific orders were made regarding passport applications, removal from Airport Watch Lists, and the father's limited and supervised communication with the children. The court also imposed a restraint on the mother removing the children from Australia without the father's consent or further court order, while permitting holiday travel subject to notification. The father was restrained from living with, spending time with, or communicating with the children except with the mother's consent or a court order.

The court ordered the discharge of all previous parenting orders and, by consent, made detailed orders regarding the children's residence, parental responsibility, and the father's limited contact. The court also requested the Australian Federal Police remove the children's names from Airport Watch Lists and authorised the mother to apply for passports. The Independent Children's Lawyer was directed to inform the children of the orders and their appointment was subsequently vacated.