Maher and Mills (No 2)

This matter concerned the parents, Maher and Mills, and their dispute regarding the parenting arrangements for their two children, B and C. The case was heard by Thornton J in the Family Court of Australia.

The court was required to determine the specific orders concerning equal shared parental responsibility, the living arrangements for the children, and the time they would spend with each parent. This included detailed provisions for school terms, school holidays, Christmas, summer holidays, and special occasions such as birthdays and Mother's Day and Father's Day. The court also had to consider provisions for communication between the parents and children, the facilitation of changeovers, and the engagement of a family therapist. Further issues included restraining the mother from engaging in counselling for the children without the father's consent, and the liberty of both parents to attend school activities. The court also addressed the ongoing enrolment of the children at Q School, the exchange of contact details and notification of illness or injury, and the mother's personal therapy. Finally, the court considered the role of the family therapist, family consultant, and the Independent Children's Lawyer, including the provision of various documents and the discharge of the Independent Children's Lawyer's appointment.

Thornton J made orders establishing equal shared parental responsibility for the children. The court then set out a detailed schedule for the children to live with and spend time and communicate with each parent, specifying arrangements for school terms, school holidays, Christmas, and summer holidays, with provisions for changeovers and special occasions. The court also ordered that the parents engage a family therapist for ongoing counselling and participate in such counselling. The mother was restrained from having the children participate in any counselling without the father's prior consent. Both parents were granted liberty to attend the children's school and extra-curricular activities. The children were to remain enrolled at Q School. The orders also stipulated that both parties must inform each other of any change to contact details and any injury or illness suffered by the children. The mother was directed to attend personal therapy, and the family therapist was at liberty to liaise with her therapist. The children were to engage in therapy as recommended by the Family Consultant, who was to be provided with and could share specific documents with the parties' and children's therapists. The Independent Children's Lawyer was to provide copies of certain documents to specified government departments and medical practitioners, and their appointment was discharged.