MAYNARD & FRYE

[2016] FCCA 2623

FEDERAL CIRCUIT COURT OF AUSTRALIA

MAYNARD & FRYE [2016] FCCA 2623

Catchwords:
FAMILY LAW – Interim Parenting – 2 children aged 10 and 4 – best interests – allegations of family violence – father alleges mother physically abused older child – mother alleges father coercive and controlling – whether unacceptable risk of harm – benefit of meaningful relationship – parental ability to foster relationship between children and other parent – children to live with mother – children to spend time with father.

Legislation:

Family Law Act 1975, ss.4AB, 13C, 60B, 60CA, 60CC, 61DA, 65DAA, 68B

Cases cited:

Goode v Goode (2007) 36 FamLR 422

Keats & Keats [2016] FamCAFC 156
M & M (1988) 166 CLR 69 at 77
Mazorski & Albright [2007] FamCA 520
Salah & Salah [2016] FamCAFC 100

Slater & Light [2011] FamCAFC 1

SS v AH [2010] FamCAFC 13

Applicant: MS MAYNARD

Respondent: MR FRYE

File Number: PAC 3231 of 2016

Judgment of: Judge Obradovic

Hearing date: 10 October 2016

Date of Last Submission: 10 October 2016

Delivered at: Parramatta

Delivered on: 3 November 2016

REPRESENTATION

Appearing for the Applicant: Ms Elve

Solicitors for the Applicant: Auslawyers

Counsel for the Respondent: Mr Daniel

Solicitors for the Respondent: City Lawyers and Consultants

PENDING FURTHER ORDER THE COURT ORDERS:

1. That the parents have equal shared parental responsibility for the children:

   (a)X born on (omitted) 2006; and

   (b)Y born on (omitted) 2012.

2. That the children live with the mother.

3. That the children spend time with the father as follows:

   (a)During the school term, commencing on the first Friday after the making of these orders and each alternate week thereafter from after school or 3.15pm on Friday until 5pm on Sunday; and

   (b)During the school term, commencing on the second Wednesday after the making of these orders and each alternate week thereafter from after school or 3.15pm on Wednesday until before school or 9am on Thursday.

   (c)For one half of each NSW school holiday period, for the first half in even numbered years and the second half in odd numbered years;

   (d)In the event that the children are not in the father’s care on (omitted), the children shall spend time with the father during the (omitted) period, with the father to give the mother 14 days’ notice of the dates.

4. That the children speak to the father on the telephone each Monday they are not spending time with him at 6pm and for the purposes of facilitating such telephone communication the father shall telephone the mother’s mobile phone number at such times and the mother shall ensure that her mobile phone is turned on and charged at such times. 

5. That for the purposes of changeover, the father shall collect the children from their school or pre-school at the commencement of the time the children are to spend time with the father, and the father shall deliver the children to their school or pre-school at the conclusion of such time. If the children are not attending school on any particular…