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1: Flacks & Chatburn [2014] FamCA 428 | June 23, 2014
Court or Tribunal: 
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.     


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2: Chan & Phu [2013] FCCA 556 | June 18, 2013
Court or Tribunal: 
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.     


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3: Pedrana & Cox [2012] FamCA 739 | August 30, 2012
Court or Tribunal: 
Catchwords: Enmeshment, False Allegations of Child Abuse, Obstruction of Contact with Child, Parental Responsibility, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unsupervised contact with Child, With whom a child lives with, With whom a child spends time with
Judges:  Bell J


Background:  
 
  [Legal Issue]   [Court Orders]     


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5: Green & Hann [2010] FamCA 747 | August 25, 2010
Court or Tribunal: 
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     


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6: Wang & Dennison [2009] FamCA 206 | March 20, 2009
Court or Tribunal: 
Catchwords: Allegations of Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Hostile Parental Behaviour, Obstruction of Contact with Child, Parental Alienation, Parental Alienation, Post Traumatic Stress Disorder, Psychological, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child spends time with
Judges:  Bennett J


Background: This is a case of an Anglo-Australian father and a Chinese-born mother. There was a high level of parental conflict during and after the breakdown of the relationship. After separation, the mother and father lived in separate states. They had two children aged 11 and 9. The father had then re-partnered. In dispute over 'contact with the children' after separation, the mother made allegations of child sexual abuse against the father. She also made allegations of physical violence by the father against her and the children. These allegations were found to be baseless, contrived and pre-meditated by the Court. The mother also engaged in behaviour intended to incite hatred in the children against the father. This alienation proceeded to a degree where the children did not want t 
 
  [Legal Issue]Despite the findings of the Court against the mother, the Court had to address how it was going to deal with the intense "antipathy" that the children felt towards their father, to the point where they threatened self-harm if they were forced to see him. The Court found the children to be “articulate, forthright and self-assured adolescents.” In that context, the threat of self-harm if made to spend time with the father must be given sufficient weight as a likely outcome if contact with the father was forced onto the children. The Court concluded that imposing a “solution” on the children without deference to their views would at least compromise their development and, possibly, inspire the threatened self-harm.    [Court Orders]His Honour ordered equal shared parental responsibility, but that the children live with the mother and spend no time with the father. However, the Judge ordered a "post orders program", as recommended by the supervising family consultant with a view to the girls, being reunited with their father as soon as practicable. (this program subsequently failed: re: Wang & Dennison (No. 2) [2009] FamCA 1251) The judge also requested that a family consultant be nominated to supervise compliance with t     


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