Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Emotional Abuse, Equal Shared Parental Responsibility, False Allegations of Child Abuse, Parental Disorders, Risk of Psychological Harm, Sole Parental Responsibility, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Tree J

Background: The mother of children aged 10 and 7 years was in her third long term relationship. The first relationship commenced when she was aged 18 years and produced 3 children. The second relationship commenced when the mother was aged 25 years and lasted for 12 years, producing 3 children. The mother alleged that the father had sexually abused one child and the child protection department removed two children from the mother’s care and stopped contact with the father for a period, deeming that the father presented an unacceptable risk of harm to the children. This assessment was later reviewed and reversed when it was found that the mother had made false allegations of sexual abuse by the father. The children were then placed in the care of the father. The mother commenced supervised co 
 
  [Legal Issue]The family consultant opined that an allocation of equal shared parental responsibility and equal division of time between the parents might overcome the reluctance of the father to facilitate a meaningful relationship between the mother and the children, as it would effect a balance in power between the parents. The judge described this view as hope triumphing over experience. The judge found that the consultant had not considered the effect of the mother’s allegations on the father. The judge noted that the family consultant had not spoken to the mother’s therapist whom the mother had seen monthly for 8 years. The judge ordered that the children live with the father and spend time with the mother, and that the father have sole parental responsibility.   [Court Orders]The children B born ... 2004 and C born ... 2008 (“the children”) shall live with the father. The father shall have sole parental responsibility for all decisions concerning the long-term care and welfare and development of the children, but otherwise each parent shall have the sole responsibility for all decisions concerning day-to-day care, welfare and development of the children for the time that they are in that parent’s care. The father is to notify the mother in writing of all      

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Parental Disorders, Psychological Disorders, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Tree J

Background: Mr & Ms Wylie met and married in 2000, bought and renovated and sold houses in the property boom, travelled and worked through Europe. Their twin girls were born through IVF in 2007, when Mr Wylie was establishing his own small business. They experienced increasing conflicts within their relationship, until Mr Wylie eventually suggested that they should separate. One day soon after, Mr Wylie received a text message from Ms Wylie: “You need to talk to the Department of Child Safety, they’ve got some concerns.” However an assessment determined that there was no evidence of sexual abuse, but there was evidence of emotional abuse, stemming from fabricated allegations by the mother. Ms Wylie also advised that she too was sexually abused as a child.  
 
  [Legal Issue]Previous consent orders. Urgent application following almost immediate failure to comply with orders. Allegations of sexual abuse and violence against the father. Allegations of manipulative and alienating behaviours against the mother. Consideration of argument as to admissibility of statements attributable to the mother being made to Department of Communities officers and communicated to police officers – finding of admissibility – consideration of the objects of the Act and principles and application of relevant considerations – consideration of whether the behaviour of one or other of the parties constitutes an “unacceptable risk” to the children – determination on an interim basis that a risk of psychological harm of an unacceptable nature does arise – orders a   [Court Orders]Family Court judge Justice Peter Tree, “after eight days of trial before me of fiercely contested competing parenting applications relating to the parties’ six-year-old twin girls”, ordered that Mr Wylie have sole parental responsibility for the major long-term care of his children and that Ms Wylie ask her GP for referral to a psychiatrist. “I am satisfied, on the material before me, that the concerns which inevitably would otherwise have flowed from the mother’s notice of abuse, have