Mayo & Mayo

Case [2022] FedCFamC1F 556


Federal Circuit and Family Court of Australia

(DIVISION 1)

Mayo & Mayo [2022] FedCFamC1F 556

File number(s): PAC 114 of 2020
Judgment of: CAMPTON J
Date of judgment: 18 July 2022
Catchwords: FAMILY LAW – PARENTING – Where the parents’ relationship since separation has been defined by intractable conflict to which the children have been exposed – Final parenting orders made by consent including provision for ongoing family therapy.
Legislation:

Family Law Act 1975 (Cth) s 117

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)18 July 202218 JULY 2022

Cases cited: Atkins & Hunt [2017] FamCAFC 131
Division: Division 1 First Instance
Number of paragraphs: 29
Date of hearing: 18 July 2022
Place: Parramatta
Solicitor for the Applicant: Digital Age Lawyers
Solicitor for the Respondent: Dean Lawyers
Counsel for the Independent Children's Lawyer: Mr White
Solicitor for the Independent Children's Lawyer: Phillip A Wilkins & Associates

ORDERS

PAC 114 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS MAYO

Applicant

AND:

MR MAYO

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

CAMPTON J

DATE OF ORDER:

18 July 2022

THE COURT ORDERS THAT:

1.I extend the time for the period of appointment of the Independent Children’s Lawyer, subject to the Independent Children’s Lawyer obtaining the benefit of an extension of such funding from the Legal Aid Commission to 1 February 2023, noting that such period of extension of the Independent Children’s Lawyer will ensure the implementation of the Order 2.22 as to for the continuation of therapy with Dr B.

2.By consent, orders are made in accordance with the paragraphs 1 to 26 of Exhibit D as attached hereto noting the amendments in paragraph 2 in respect to the dates of birth of X born in 2009 and Z born in 2013, together with orders pursuant to 65DA of the Act.

3.The mother is to contribute the sum of $225 to the father’s costs of obtaining the second report of Dr B and such sum is to be paid into a bank account as nominated by the father in writing within 2 months of the date of these orders or such further time as agreed in writing.

4.Save and except as provided for in these orders, all outstanding applications and responses are dismissed.

5.A copy of the reasons for judgment in making the consent parenting orders have been taken out and placed on the Court file.

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…

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Mayo & Mayo [2022] FedCFamC1F 556
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[2022] FedCFamC1F 556
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CaseChat Overview and Summary

In the case of Mayo & Mayo, Ms Mayo, the applicant, and Mr Mayo, the respondent, were involved in a dispute concerning parenting arrangements. The matter was heard and determined by Campton J in the Federal Circuit and Family Court of Australia. The central issue before the court was to make final parenting orders for the children of the relationship, taking into account the history of conflict between the parents and the impact on the children. The court was also required to decide whether to extend the appointment of the Independent Children’s Lawyer, to approve the consent orders proposed by the parties, and to address certain financial matters arising from the proceedings.

The court found that the relationship between the parents since their separation had been characterised by significant and ongoing conflict, to which the children had been exposed. The court acknowledged the importance of ensuring that the children receive appropriate support and therapy to address the impact of this conflict. The court approved the consent orders proposed by the parties, which included provisions for ongoing family therapy and other measures to support the children's wellbeing. The court also extended the appointment of the Independent Children’s Lawyer to ensure the implementation of the therapy orders. In addition, the court ordered the applicant to contribute to the costs of obtaining a second report from a family therapist.

The court's orders included the extension of the Independent Children’s Lawyer's appointment, the approval of the consent parenting orders, and the direction that the applicant contribute to the costs of obtaining a second report from a family therapist. The court dismissed all other outstanding applications and responses. The court's reasons for judgment were placed on the court file, and the form of the order was subject to entry in the court’s records.

Orders

Orders of the court

PAC 114 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS MAYO

Applicant

AND:

MR MAYO

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

CAMPTON J

DATE OF ORDER:

18 July 2022

THE COURT ORDERS THAT:

1. I extend the time for the period of appointment of the Independent Children’s Lawyer, subject to the Independent Children’s Lawyer obtaining the benefit of an extension of such funding from the Legal Aid Commission to 1 February 2023, noting that such period of extension of the Independent Children’s Lawyer will ensure the implementation of the Order 2.22 as to for the continuation of therapy with Dr B.

2. By consent, orders are made in accordance with the paragraphs 1 to 26 of Exhibit D as attached hereto noting the amendments in paragraph 2 in respect to the dates of birth of X born in 2009 and Z born in 2013, together with orders pursuant to 65DA of the Act.

3. The mother is to contribute the sum of $225 to the father’s costs of obtaining the second report of Dr B and such sum is to be paid into a bank account as nominated by the father in writing within 2 months of the date of these orders or such further time as agreed in writing.

4. Save and except as provided for in these orders, all outstanding applications and responses are dismissed.

5. A copy of the reasons for judgment in making the consent parenting orders have been taken out and placed on the Court file.

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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