Paediatrician
Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, False Allegations of Child Abuse, Recorded conversations, Unacceptable Risk, Unsubstantiated Allegations
Judges: Murphy J
Background: The parents of two girls, aged 10 and 6, engaged in failed financial negotiations after separation. Soon after these negotiations, the mother raised allegations of child sexual abuse by the father against their two female children. The children were medically examined but were found to have no physical indications of sexual abuse. The children were also found to have made inconsistent statements to police, family members and carers. The children also made conflicting statements as to their desire to see their father.
[Legal Issue]Where the mother alleges that the father had engaged in sexual misconduct against their two female children – Where relevant rules of evidence are excluded pursuant to s 69ZT of the Act – Where expertise need not be established as a result – Where the trial judge holds that the appropriate qualifications, training or experience of an expert is a significant factor in the attribution of weight. Where the evidence is insufficient to establish the risk as unacceptable.
[Court Orders]The mother has been handed sole parental responsibility for the girls.
The father will be allowed to spend unsupervised time with the girls, aged 10 and 6, for up to half of each school holiday period, but the mother will make all major decisions about the girls.
The Judge explained that the Sole Parental Responsibility Orders were to avoid conflict between the parents.
Catchwords: Allegations of Child Abuse, False Allegations of Child Abuse, Recorded conversations, Unacceptable Risk, Unsubstantiated Allegations
Judges: Murphy J
Background: The parents of two girls, aged 10 and 6, engaged in failed financial negotiations after separation. Soon after these negotiations, the mother raised allegations of child sexual abuse by the father against their two female children. The children were medically examined but were found to have no physical indications of sexual abuse. The children were also found to have made inconsistent statements to police, family members and carers. The children also made conflicting statements as to their desire to see their father.
[Legal Issue]Where the mother alleges that the father had engaged in sexual misconduct against their two female children – Where relevant rules of evidence are excluded pursuant to s 69ZT of the Act – Where expertise need not be established as a result – Where the trial judge holds that the appropriate qualifications, training or experience of an expert is a significant factor in the attribution of weight. Where the evidence is insufficient to establish the risk as unacceptable.
[Court Orders]The mother has been handed sole parental responsibility for the girls.
The father will be allowed to spend unsupervised time with the girls, aged 10 and 6, for up to half of each school holiday period, but the mother will make all major decisions about the girls.
The Judge explained that the Sole Parental Responsibility Orders were to avoid conflict between the parents.
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: Supreme Court of South Australia
Catchwords: Blood Transfusions, Cancer, Medical, Parens Patriae, Parental Responsibility, Parental Rights, Religious Beliefs, Special Medical Procedure
Judges: White J
Background: A 10 year-old South Australian boy was suffering from an aggressive form of cancer that doctors feared would spread throughout his entire body if not treated with an intense 39-week regime of chemotherapy and surgery. The speed of that process would not have allow his blood cells time to regenerate, require blood transfusions so that the chemotherapy can continue to be effective. In a statement read to the court, the boy said transfusions carried spiritual consequences. "The doctors have told me I might die and I don't want to - but I don't want blood," he said. "The blood will change me... when you take blood, you are taking someone else's life. "I really don't want this and my heart is ripping apart." On May 10, doctors discovered a tumour in his left leg. The boy co
[Legal Issue]The hospital asked the Supreme Court of South Australia to invoke its power of parens patriae, allowing it to look after those incapable of looking after themselves, in order to rule on behalf of the child in this dilemma between religious beliefs and the very real risk of death if a blood transfusion was not permitted, despite the child's parents objections to the blood transfusion.
[Court Orders]In a South Australian legal first, the Supreme Court gave the Women's and Children's Hospital the right to give a 10-year-old boy - a member of the Jehovah's Witness faith - transfusions as part of his cancer treatment, despite the objections from the boy's family.
The decision, in line with similar rulings from around the world, paves the way for hospitals to take action in future debates with religious parents.
Catchwords: Blood Transfusions, Cancer, Medical, Parens Patriae, Parental Responsibility, Parental Rights, Religious Beliefs, Special Medical Procedure
Judges: White J
Background: A 10 year-old South Australian boy was suffering from an aggressive form of cancer that doctors feared would spread throughout his entire body if not treated with an intense 39-week regime of chemotherapy and surgery. The speed of that process would not have allow his blood cells time to regenerate, require blood transfusions so that the chemotherapy can continue to be effective. In a statement read to the court, the boy said transfusions carried spiritual consequences. "The doctors have told me I might die and I don't want to - but I don't want blood," he said. "The blood will change me... when you take blood, you are taking someone else's life. "I really don't want this and my heart is ripping apart." On May 10, doctors discovered a tumour in his left leg. The boy co
[Legal Issue]The hospital asked the Supreme Court of South Australia to invoke its power of parens patriae, allowing it to look after those incapable of looking after themselves, in order to rule on behalf of the child in this dilemma between religious beliefs and the very real risk of death if a blood transfusion was not permitted, despite the child's parents objections to the blood transfusion.
[Court Orders]In a South Australian legal first, the Supreme Court gave the Women's and Children's Hospital the right to give a 10-year-old boy - a member of the Jehovah's Witness faith - transfusions as part of his cancer treatment, despite the objections from the boy's family.
The decision, in line with similar rulings from around the world, paves the way for hospitals to take action in future debates with religious parents.