Police
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: Federal Circuit Court of Australia
Catchwords: Emotional Abuse, Equal Shared Parental Responsibility, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Parenting Orders, Risk of Psychological Harm, Sole Parental Responsibility, Substantial and Significant Time, Unacceptable Risk, With whom a child spends time with
Judges: Bender J
Background: The parents separated in 2007 after five years together. The child had lived with the mother since her parents separated when she was 13 months old. Since the separation, the mother engaged in an unrelenting campaign to undermine the child’s relationship with her father, causing the child significant distress. The mother interfered with her daughter’s court-ordered parenting time with her father, often resulting in the child not seeing her father for months at a time.
[Legal Issue]These proceedings primarily hinged on Section 60CC (2)(a), where the court is required to consider the benefit to the child of having a meaningful relationship with both of the child’s parents. This section was particularly relevant given that the mother prevented and was likely to continue preventing the child to have a meaningful relation with her father.
[Court Orders]The child, who had lived with her mother since her parents separated when she was 13 months old, shall live with father and spend time with the mother.
The father shall have sole parental responsibility in relation to health and education, and otherwise the parties to have equal shared parental responsibility.
Catchwords: Emotional Abuse, Equal Shared Parental Responsibility, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Parenting Orders, Risk of Psychological Harm, Sole Parental Responsibility, Substantial and Significant Time, Unacceptable Risk, With whom a child spends time with
Judges: Bender J
Background: The parents separated in 2007 after five years together. The child had lived with the mother since her parents separated when she was 13 months old. Since the separation, the mother engaged in an unrelenting campaign to undermine the child’s relationship with her father, causing the child significant distress. The mother interfered with her daughter’s court-ordered parenting time with her father, often resulting in the child not seeing her father for months at a time.
[Legal Issue]These proceedings primarily hinged on Section 60CC (2)(a), where the court is required to consider the benefit to the child of having a meaningful relationship with both of the child’s parents. This section was particularly relevant given that the mother prevented and was likely to continue preventing the child to have a meaningful relation with her father.
[Court Orders]The child, who had lived with her mother since her parents separated when she was 13 months old, shall live with father and spend time with the mother.
The father shall have sole parental responsibility in relation to health and education, and otherwise the parties to have equal shared parental responsibility.