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      

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.     

Court or Tribunal: Federal Circuit Court of Australia
Catchwords: Enmeshment, Hostile Parental Behaviour, Sole Parental Responsibility
Judges:  Scarlett J

Background: The parents were together for two years until they separated in 2001, when their daughter was only eight months old. The father has remarried. Relations between the pair have been so strained that they have only communicated by email and they have been arguing about which high school she should attend. They have been battling in the courts since 2003, when the Family Court made orders dealing with their daughter’s surname, where she should live and how much contact each parent should have. In 2007 the Family Court ordered the parents should have equal shared custody of their child but she should live primarily with her mother. 
 
  [Legal Issue]The Judge observed that even after eleven years since the separation, the Mother appears to have “maintained the rage” against the Father for his actions in leaving the relationship. As evidenced from her affidavits, her emails to the Father and her oral submission to the Court, the mother sees all of the Father’s actions as being directed against her personally. Her evidence does not suggest that she is able to separate herself and her feelings from the child and the child's needs to have a relationship with her father. Whilst the Mother claims that the Father is oppositional and exhibits passive-aggressive behaviour, the Father’s evidence suggests otherwise. The email conversation of 29th June 2012 are illustrative of the Father’s claim that he is acting in a manner cond   [Court Orders]Judge Scarlett made interim orders on June 18 that she should live with her father. He said the father should have sole responsibility for making decisions about “major long-term issues” concerning the child’s welfare.     

Court or Tribunal: Family Law Division of the Federal Magistrates Court of Australia
Catchwords: Application to set aside family report, Evidence, Family Report Alleged Bias
Judges:  O’Sullivan FM

Background:  
 
  [Legal Issue]   [Court Orders]The appointment of Dr X as a Court appointed Family Consultant be discharged. That both of Dr X’s family reports be sealed but remain on the court file and not be disclosed without further order.      

Court or Tribunal: Family Court of Australia
Catchwords: Assisted Reproduction, Biological Father, Biological Mother, Birth Mother, Children, In Vitro Fertilisation, Jurisdiction, Parental Responsibility, Parental Rights, Parenting Orders, Paternity, Surrogacy
Judges:  Ryan J

Background:  
 
  [Legal Issue]   [Court Orders]