Dempsey and Cane

Case

[2013] FamCA 980

15 April 2013


Details
AGLC Case Decision Date
Dempsey and Cane [2013] FamCA 980 [2013] FamCA 980 15 April 2013

CaseChat Overview and Summary

In Dempsey and Cane, heard before Macmillan J, the dispute concerned parenting orders for two children, B and C. The orders made by the court addressed the living arrangements, decision-making responsibilities, and communication between the parents and the children.

The court was required to determine the specific orders regarding the children's residence, the allocation of parental responsibility for long-term decisions, and the extent of contact and communication between the father and the children. Further issues included the mother's ability to obtain passports for the children and the discharge of the Independent Children's Lawyer.

Macmillan J ordered that the children live with the mother and that she exercise sole responsibility for all major long-term issues, subject to a process of consultation with the father. Crucially, the father was to have no time with or communication with the children. The mother was also directed to inform the father of any significant injury or illness affecting the children and to provide school reports. The court also made provisions for passport applications and the discharge of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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