Mayfield and Mayfield

Case

[2016] FCCA 385

26 February 2016


Details
AGLC Case Decision Date
Mayfield and Mayfield [2016] FCCA 385 [2016] FCCA 385 26 February 2016

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Jones in relation to the children X and Y. The dispute involved the mother and father of the children, with the court ultimately making orders regarding parental responsibility, living arrangements, and time spent between the father and the children.

The court was required to determine the appropriate parenting arrangements for the children, including who should have sole parental responsibility and where the children should live. Further issues included the nature and supervision of the father's time with the children, and the conditions under which such time could transition to unsupervised. The court also considered orders to restrain certain behaviours of the parents towards each other and the children, and specific requirements for the father to undertake parenting and behavioural change programs.

Judge Jones ordered that the mother have sole parental responsibility for the children, and that the children live with the mother. The father was granted leave to spend time and communicate with the children as agreed between the parents, with consideration for the children's wishes. However, any time the father spent with the children was to be supervised, funded by the father, until he complied with specific program requirements and both parents agreed to unsupervised time. The court also made orders restraining both parents from denigrating each other, discussing proceedings in front of the children, or seeking the children's opinions on arrangements. The father was further restrained from drinking alcohol prior to or during time with the children and was required to remain in substantial attendance during such time. The father was also ordered to enrol in and complete a Parenting Program and a Men’s Behavioural Change Program, providing evidence of completion to the mother. The Independent Children’s Lawyer was discharged, and all previous orders and extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Mazorski & Albright [2007] FamCA 520
G & C [2006] FamCA 994
Champness & Hanson [2009] FamCAFC 96