FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Maynard & Frye [2023] FedCFamC2F 354
File number(s): PAC 3231 of 2016 Judgment of: JUDGE OBRADOVIC Date of judgment: 30 March 2023 Catchwords: FAMILY LAW – Final Parenting – Allegations of physical, emotional, psychological and financial abuse – Criminal convictions – Unacceptable risk – Children to live with mother and spend no time with father Legislation: Family Law Act 1975 (Cth) ss 4AB, 60CA, 60CC, 60CG, 61DA, 65DAA Cases cited: Banks & Banks [2015] FamCAFC 36
Isles v Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
M & M (1989) 166 CLR 69
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
Slater & Light [2011] FamCAFC 1
Division: Division 2 Family Law Number of paragraphs: 205 Date of last submission/s: 15 November 2022 Date of hearing: 14-15 November 2022 Place: Parramatta Counsel for the Applicant: Mr Mifsud Solicitor for the Applicant: John Stonham & Co Counsel for the Respondent: Mr Francis Solicitor for the Respondent: City Lawyers & Consultants Counsel for the Independent Children's Lawyer: Mr Ladopoulos Solicitor for the Independent Children's Lawyer: Legal Aid NSW
Table of Corrections 14 May 2024 At [19] the words “The phrase “unacceptable risk” does not appear anywhere in the Act.[1] However,” are deleted.
[1] Isles v Nelissen [2022] FedCFamC1A 97, [58] (“Isles v Nelissen”).
ORDERS
PAC 3231 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MAYNARD
Applicant
AND: MR FRYE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
30 MARCH 2023
THE COURT ORDERS THAT:
1.The mother shall have sole parental responsibility for X born 2006 and Y born 2012 (“children”).
2.The children shall live with the mother.
3.The children shall spend no time with the father.
4.Pursuant to section 65Y of the Family Law Act 1975 (Cth) the mother shall be authorised to remove the children from the Commonwealth of Australia for the purpose of travel at her discretion.
5.The names of the children, X born 2006 and Y born 2012 be removed from the Airport Watch List and it is requested that the Australian Federal Police do all such things to facilitate this request.
6.Pursuant to section 68B of the Family Law Act 1975 (Cth), the father MR FRYE born 1966 shall be and is hereby restrained from contacting or approaching, or attempting to contact or approach, the mother MS MAYNARD born 1969 by any means whatsoever, including through any third party and further, MR FRYE is restrained from:
(a)Attending at or being within 100 metres of the ordinary place of residence of MS MAYNARD; and
(b)Attending at or being within 100 metres of any place of employment of MS MAYNARD.
7.Pursuant to Section 68B of the Family Law Act 1975 (Cth), the father MR FRYE born 1966 shall be and is hereby restrained from contacting or approaching, or attempting to contact or approach, the children,…
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- Maynard & Frye [2023] FedCFamC2F 354
- Case
- [2023] FedCFamC2F 354
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CaseChat Overview and Summary
The court found that the allegations of abuse against the father were credible and that there was an unacceptable risk to the children if they were to live with or spend time with him. The court was satisfied that the father posed a significant risk of harm to the children and that it was in their best interests to have no contact with him. The court also found that the mother was a suitable person to have sole parental responsibility for the children. The court made orders for the children to live with the mother and for the father to have no contact with them. The court also made orders for the father to be restrained from contacting the mother and the children and from attending certain locations.
The court noted that the orders made were in the best interests of the children and that they provided a safe and stable environment for them to grow and develop. The court also noted that the orders made were necessary to protect the children from the father and to prevent any further harm or abuse.
The court made orders that the mother shall have sole parental responsibility for the children, that the children shall live with the mother, and that the children shall spend no time with the father. The court also made orders for the father to be restrained from contacting the mother and the children and from attending certain locations. The court made orders for the mother to be authorised to remove the children from the Commonwealth of Australia for the purpose of travel at her discretion and for the children's names to be removed from the Airport Watch List. The court also made orders for the father to be restrained from contacting or approaching the mother or the children by any means whatsoever, including through any third party. The court made orders for the father to be restrained from attending at or being within 100 metres of the ordinary place of residence of the mother and the children, and any school, place of employment, or educational institution attended by the children. The court noted that the orders made were in the best interests of the children and that they provided a safe and stable environment for them to grow and develop. The court also noted that the orders made were necessary to protect the children from the father and to prevent any further harm or abuse.
Orders
Orders of the court
PAC 3231 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS MAYNARD
Applicant
AND:
MR FRYE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
30 MARCH 2023
THE COURT ORDERS THAT:
1. The mother shall have sole parental responsibility for X born 2006 and Y born 2012 (“children”).
2. The children shall live with the mother.
3. The children shall spend no time with the father.
4. Pursuant to section 65Y of the Family Law Act 1975 (Cth) the mother shall be authorised to remove the children from the Commonwealth of Australia for the purpose of travel at her discretion.
5. The names of the children, X born 2006 and Y born 2012 be removed from the Airport Watch List and it is requested that the Australian Federal Police do all such things to facilitate this request.
6. Pursuant to section 68B of the Family Law Act 1975 (Cth), the father MR FRYE born 1966 shall be and is hereby restrained from contacting or approaching, or attempting to contact or approach, the mother MS MAYNARD born 1969 by any means whatsoever, including through any third party and further, MR FRYE is restrained from:
(a) Attending at or being within 100 metres of the ordinary place of residence of MS MAYNARD; and
(b) Attending at or being within 100 metres of any place of employment of MS MAYNARD.
7. Pursuant to Section 68B of the Family Law Act 1975 (Cth), the father MR FRYE born 1966 shall be and is hereby restrained from contacting or approaching, or attempting to contact or approach, the children, X born 2006 and Y born 2012 by any means whatsoever, including through any third party and further, MR FRYE is restrained from:
(a) Attending at or being within 100 metres of the ordinary place of residence of the children, X born 2006, and Y born 2012; and
(b) Attending at or being within 100 metres of any school, place of employment, or educational institution attended by the children, X born 2006 and Y born 2012.
8. Notwithstanding Orders 3, 6 & 7 above, should the children, or either of them, seek to initiate contact with the father when they are older, they can email him at …@... and should the email from the children invite a response, the father shall be at liberty to reply.
THE COURT NOTES THAT:
A. Order 1 vests in the mother sole parental responsibility for the purpose of the Australian Passports Act 2005 (Cth) such that the mother is accordingly authorised to obtain any passport or travel document required to facilitate the children travelling overseas without first notifying or obtaining the consent of the father.
B. Orders 6 and 7 herein and each of their subparagraphs pursuant to section 68B of the Family Law Act 1975 (Cth) are injunctions to which section 68C would apply and accordingly, any police officer made aware of these orders and whom on reasonable grounds believes that such orders and injunctions have been breached by the father MR FRYE by either harassing, molesting, stalking or physically harming or threatening to harm the mother MS MAYNARD and/or the children, X born 2006 and Y born 2012 may arrest the father without warrant.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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