Panic Disorder
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
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: Communication, Emotional Abuse, Enmeshment, False Allegations of Child Abuse, Obstruction of Contact with Child, Parental Alienation, Parental Responsibility, Parenting Orders, Psychological Disorders, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unsubstantiated Allegations, With whom a child lives with
Judges: Cleary J
Background: The parties began a relationship when Ms Green was 12 and Mr Hann was 16 years old. They married in 1993. Two children were born of the marriage. The parties separated in 2004 when the children were aged about 3 ½ years and 18 months old respectively. The children then lived with their mother and spent regular time with their father, including overnight time. Contact between the children and their father proceeded without incident until 2009. However in 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father.
[Legal Issue]In 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father.
The Court has found that this behaviour was encouraged by the mother, who had formed an unhealthy dependence on the children.
As a result, the Court found that there should be a change of residence, from the mother to the father.
[Court Orders]there should be a change of residence;
there should be a period of time when there is limited supervised time with the mother to enable them to settle down in the father’s household and to begin to understand all the changes in their lives;
the children’s behaviour, especially C’s, needs ongoing therapeutic intervention. I find that the mother would not facilitate this but the father and his extended family will;
communication between the parties may improve after the mother takes
Catchwords: Communication, Emotional Abuse, Enmeshment, False Allegations of Child Abuse, Obstruction of Contact with Child, Parental Alienation, Parental Responsibility, Parenting Orders, Psychological Disorders, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unsubstantiated Allegations, With whom a child lives with
Judges: Cleary J
Background: The parties began a relationship when Ms Green was 12 and Mr Hann was 16 years old. They married in 1993. Two children were born of the marriage. The parties separated in 2004 when the children were aged about 3 ½ years and 18 months old respectively. The children then lived with their mother and spent regular time with their father, including overnight time. Contact between the children and their father proceeded without incident until 2009. However in 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father.
[Legal Issue]In 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father.
The Court has found that this behaviour was encouraged by the mother, who had formed an unhealthy dependence on the children.
As a result, the Court found that there should be a change of residence, from the mother to the father.
[Court Orders]there should be a change of residence;
there should be a period of time when there is limited supervised time with the mother to enable them to settle down in the father’s household and to begin to understand all the changes in their lives;
the children’s behaviour, especially C’s, needs ongoing therapeutic intervention. I find that the mother would not facilitate this but the father and his extended family will;
communication between the parties may improve after the mother takes
Court or Tribunal: Family Court of Western Australia
Catchwords: International Relocation, Relocation
Judges: Crooks J
Background:
[Legal Issue]
[Court Orders]
Catchwords: International Relocation, Relocation
Judges: Crooks J
Background:
[Legal Issue]
[Court Orders]