
Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Emotional Abuse, Entrenched Parental Conflict, False Allegations of Child Abuse, Meaningful Relationship, Parental Disorders, Property, Psychological Disorders, Recorded conversations, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child lives with
Judges: Hannam J
Background: The mother is 42 and the father is 43 years old. The parties commenced a relationship in 1999 when they were in their late twenties. The case involves competing claims of domestic violence and property dispute. In relation to parenting matters there are three significant factual disputes. First, the father contends that he was the victim of serious systematic violence perpetrated by the mother for most the relationship. The mother contends that it was the father who was violent towards her and that if she also engaged in violence, it was in response to the father’s antagonism. Second, the mother contends that the father and his (second) wife Mrs H abused the children after separation, which is denied by the father. Finally, it is central to the father and the ICL’s ca
[Legal Issue]No doubt in the majority of cases there will be a positive benefit to a child of having a significant relationship with both parents, but there will also be some cases where there will be no positive benefit to be derived by a child by a court attempting to craft orders to foster a relationship with one parent if this would not be in the child’s best interests.
The ICL’s proposal is based to a large extent upon the recommendations of Dr K. In his report Dr K was of the view that the children should live with their father and he should have sole parental responsibility for them. He then said:
After a significant period of time to allow the children to develop security and connection in their father’s home, it would be ideal for the children to maintain some time spent with the m
[Court Orders]The children shall live with their father, Mr Huffman (“the father” or “the husband”).
The father shall have sole parental responsibility for the children.
The children shall spend no time with their mother, Ms Gorman (“the mother” or “the wife”), for a period of 12 months from the date of these orders.
Thereafter, the children shall spend supervised time with their mother each second month, at a supervised contact centre.
The father shall do all acts and things neces
Catchwords: Allegations of Child Abuse, Emotional Abuse, Entrenched Parental Conflict, False Allegations of Child Abuse, Meaningful Relationship, Parental Disorders, Property, Psychological Disorders, Recorded conversations, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child lives with
Judges: Hannam J
Background: The mother is 42 and the father is 43 years old. The parties commenced a relationship in 1999 when they were in their late twenties. The case involves competing claims of domestic violence and property dispute. In relation to parenting matters there are three significant factual disputes. First, the father contends that he was the victim of serious systematic violence perpetrated by the mother for most the relationship. The mother contends that it was the father who was violent towards her and that if she also engaged in violence, it was in response to the father’s antagonism. Second, the mother contends that the father and his (second) wife Mrs H abused the children after separation, which is denied by the father. Finally, it is central to the father and the ICL’s ca

Court or Tribunal: Family Court of Australia
Catchwords: Emotional Abuse, Enmeshment, False Allegations of Child Abuse, Hearsay, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Parental Alienation, Risk of Psychological Harm, Supervised contact with Child, Unsubstantiated Allegations
Judges: Austin J
Background: For three years after separation, children aged 15, 12 and 10 years had at the mother’s insistence spent time with the father only at the mother’s house. The mother then severed all of the children’s interaction with the father for a period and recommenced access only if the father was supervised. The mother proposed that the father be eliminated or excluded from the children’s lives. The father contended the mother had exerted so much pressure upon the children they were induced to reject him and to resist any interaction with him (alienation). The mother contended that she supported the children’s relationships with the father and their individual rejection of him and that the children’s resistance to interacting with the father was due to their own adverse experiences wi
[Legal Issue]The judge gave little weight to a recommendation by a psychologist who treated the youngest child’s anxiety, that visits by the youngest child with the father should be postponed until the child has built appropriate coping skills to manage his anxiety. The judge preferred the opinion of the family consultant over the opinion of the treating psychologist for reasons including: (a) the psychologist had made only a superficial appraisal of the youngest child’s situation, and (b) documents containing hearsay of the treating psychologist’s opinions were tendered in evidence rather than an affidavit, denying the father the opportunity to test the evidence by cross-examining the psychologist directly (expert evidence unsatisfactory).
The family consultant recommended a change of reside
[Court Orders]The judge found that if the two youngest children remained living with the mother then their relationships with the father would likely be destroyed. The judge ordered that the two younger children live with the father. The judge ordered a graduated approach where there was a temporary suspension of interaction between children and mother, followed by temporary period of supervision of the children’s time with the mother, leading to substantial and significant time with the mother.
Catchwords: Emotional Abuse, Enmeshment, False Allegations of Child Abuse, Hearsay, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Parental Alienation, Risk of Psychological Harm, Supervised contact with Child, Unsubstantiated Allegations
Judges: Austin J
Background: For three years after separation, children aged 15, 12 and 10 years had at the mother’s insistence spent time with the father only at the mother’s house. The mother then severed all of the children’s interaction with the father for a period and recommenced access only if the father was supervised. The mother proposed that the father be eliminated or excluded from the children’s lives. The father contended the mother had exerted so much pressure upon the children they were induced to reject him and to resist any interaction with him (alienation). The mother contended that she supported the children’s relationships with the father and their individual rejection of him and that the children’s resistance to interacting with the father was due to their own adverse experiences wi

Court or Tribunal: Childrens Court of New South Wales
Catchwords: Child Abuse, Parental Disorders, Psychological Disorders, Risk of Psychological Harm
Judges: Magistrate Graham Blewitt AM
Background:
[Legal Issue]
[Court Orders]
Catchwords: Child Abuse, Parental Disorders, Psychological Disorders, Risk of Psychological Harm
Judges: Magistrate Graham Blewitt AM
Background:
