Emotional Abuse
1: Mitchell & Mitchell [2014] FCCA 2526 | November 14, 2014
Court or Tribunal: Federal Circuit Court of Australia
Catchwords: Child Abuse, Emotional Abuse, failure to call witness and Jones & Dunkel inference, Hostile Parental Behaviour, Interim Parenting Orders, Jones & Dunkel inference, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unacceptable Risk, With whom a child lives with, With whom a child spends time with
Judges: Harman JHenderson J
Background: Since separation, the three children lived primarily with their father [Mr Mitchell]. In these proceedings, Mr Mitchell has conceded that he has denied the children their right to a meaningful relationship with their mother, accepted by Mr Mitchell to be a caring and loving relationship, as well as exposing the children to his significant rage and repeated derogatory comments towards his ex-wife and her lesbian partner, while also exposing the children to discussions of adult issues, (such as the mother’s sexuality), which for children of these ages is entirely unnecessary and inappropriate.
[Legal Issue]These proceedings primarily hinged on the definition of "abuse" and "family violence", and whether the exposure of the children to the father's rage towards his ex-wife, and specifically the repeated derogatory comments towards his ex-wife and her lesbian partner, constitutes child abuse and/or family violence. The evidentiary standard of "Unacceptable Risk" was used to determine whether the risk of future abuse was significant enough to warrant measures.
[Court Orders]The children’s mother [Ms Mitchell] shall have sole parental responsibility of the three children.
The three children shall live with their mother.
The children’s father [Mr Mitchell] shall spend time with the children from 11am Saturday until 5pm Sunday each alternate weekend.
Catchwords: Child Abuse, Emotional Abuse, failure to call witness and Jones & Dunkel inference, Hostile Parental Behaviour, Interim Parenting Orders, Jones & Dunkel inference, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unacceptable Risk, With whom a child lives with, With whom a child spends time with
Judges: Harman JHenderson J
Background: Since separation, the three children lived primarily with their father [Mr Mitchell]. In these proceedings, Mr Mitchell has conceded that he has denied the children their right to a meaningful relationship with their mother, accepted by Mr Mitchell to be a caring and loving relationship, as well as exposing the children to his significant rage and repeated derogatory comments towards his ex-wife and her lesbian partner, while also exposing the children to discussions of adult issues, (such as the mother’s sexuality), which for children of these ages is entirely unnecessary and inappropriate.
[Legal Issue]These proceedings primarily hinged on the definition of "abuse" and "family violence", and whether the exposure of the children to the father's rage towards his ex-wife, and specifically the repeated derogatory comments towards his ex-wife and her lesbian partner, constitutes child abuse and/or family violence. The evidentiary standard of "Unacceptable Risk" was used to determine whether the risk of future abuse was significant enough to warrant measures.
[Court Orders]The children’s mother [Ms Mitchell] shall have sole parental responsibility of the three children.
The three children shall live with their mother.
The children’s father [Mr Mitchell] shall spend time with the children from 11am Saturday until 5pm Sunday each alternate weekend.
2: Carpenter & Carpenter (No. 2) [2012] FamCA 1005 | November 29, 2012
Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations
Judges: Murphy J
Background: The mother has asserted that the child has been the subject of sexually improper behaviour by the father. This has included claims that the father had inserted items such as a fish hook, pizza and an electric cord into his anus, while in the presence of the child. After investigating the allegations, the police, the Department of Communities, Child Safety and Disability Services (“the Department”), as well as the Independent Children’s Lawyer have each determined that the child had not been the subject of sexual misconduct by the father.
[Legal Issue]
[Court Orders]
Catchwords: Allegations of Child Abuse, Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations
Judges: Murphy J
Background: The mother has asserted that the child has been the subject of sexually improper behaviour by the father. This has included claims that the father had inserted items such as a fish hook, pizza and an electric cord into his anus, while in the presence of the child. After investigating the allegations, the police, the Department of Communities, Child Safety and Disability Services (“the Department”), as well as the Independent Children’s Lawyer have each determined that the child had not been the subject of sexual misconduct by the father.
[Legal Issue]
[Court Orders]