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1: Watson & Burton [2015] FamCA 549 | July 16, 2015
Court or Tribunal: 
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      


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2: Huffman & Gorman [2015] FamCA 317 | April 29, 2015
Court or Tribunal: 
Catchwords: Allegations of Child Abuse, Emotional Abuse, Entrenched Parental Conflict, False Allegations of Child Abuse, Meaningful Relationship, Parental Disorders, Property, Psychological Disorders, Recorded conversations, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child lives with
Judges:  Hannam J


Background: The mother is 42 and the father is 43 years old. The parties commenced a relationship in 1999 when they were in their late twenties. The case involves competing claims of domestic violence and property dispute. In relation to parenting matters there are three significant factual disputes. First, the father contends that he was the victim of serious systematic violence perpetrated by the mother for most the relationship. The mother contends that it was the father who was violent towards her and that if she also engaged in violence, it was in response to the father’s antagonism. Second, the mother contends that the father and his (second) wife Mrs H abused the children after separation, which is denied by the father. Finally, it is central to the father and the ICL’s ca 
 
  [Legal Issue]No doubt in the majority of cases there will be a positive benefit to a child of having a significant relationship with both parents, but there will also be some cases where there will be no positive benefit to be derived by a child by a court attempting to craft orders to foster a relationship with one parent if this would not be in the child’s best interests. The ICL’s proposal is based to a large extent upon the recommendations of Dr K. In his report Dr K was of the view that the children should live with their father and he should have sole parental responsibility for them. He then said: After a significant period of time to allow the children to develop security and connection in their father’s home, it would be ideal for the children to maintain some time spent with the m   [Court Orders]The children shall live with their father, Mr Huffman (“the father” or “the husband”). The father shall have sole parental responsibility for the children. The children shall spend no time with their mother, Ms Gorman (“the mother” or “the wife”), for a period of 12 months from the date of these orders. Thereafter, the children shall spend supervised time with their mother each second month, at a supervised contact centre. The father shall do all acts and things neces     


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3: Garzelli & Lewis (No. 3) [2014] FamCA 742 | September 9, 2014
Court or Tribunal: 
Catchwords: Emotional Abuse, False Allegations of Child Abuse, Parental Alienation, Parental Disorders, Psychological Disorders, Risk of Psychological Harm, Unsubstantiated Allegations
Judges:  Cronin J


Background: Mr Garzelli (“the husband”) married Ms Lewis (“the wife”) in January 2007 after they had met in 2005 through the internet. The husband is a 61 year old company director who was born in Australia. The wife is a 48 year old woman who was born in Country I. The husband and wife have one child N (“the child”) who was born in 2009 in Country I. This case focussed primarily on the credibility of the wife, and on the expectation that she would work with the father in a co-operative, shared parenting arrangement. 
 
  [Legal Issue]The Court, with the assistance of the psychiatric and psychological experts, determined that the mother went to significant efforts to manipulate circumstance to reflect poorly on the husband. It was suggested that a diagnoses of Borderline or Schizoid personality style or Asperger’s Spectrum Disorder was very likely, exposing the child to likely Parentified Child behaviours, which would force the child to align with the mother and abandon her relationship with her father, so as to meet the mother's increasingly demanding emotional needs and desires. The diagnoses would render the chances of a co-operative parenting arrangement very unlikely.   [Court Orders]That the husband have sole parental responsibility for the child born ... 2009 but for that purpose, the husband ensure the wife is kept abreast of all major issues about the child and in particular: (a) advise the wife of any medical treatment for the child; (b) authorise and direct the school at which the child attends to provide all school reports, newsletters, photographs and invitations usually directed to parents to be provided to the wife. The parents to otherwise have shared parenti     


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4: Wylie & Wylie [2013] FamCA 426 | June 7, 2013
Court or Tribunal: 
Catchwords: Allegations of Child Abuse, Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Parental Disorders, Psychological Disorders, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Tree J


Background: Mr & Ms Wylie met and married in 2000, bought and renovated and sold houses in the property boom, travelled and worked through Europe. Their twin girls were born through IVF in 2007, when Mr Wylie was establishing his own small business. They experienced increasing conflicts within their relationship, until Mr Wylie eventually suggested that they should separate. One day soon after, Mr Wylie received a text message from Ms Wylie: “You need to talk to the Department of Child Safety, they’ve got some concerns.” However an assessment determined that there was no evidence of sexual abuse, but there was evidence of emotional abuse, stemming from fabricated allegations by the mother. Ms Wylie also advised that she too was sexually abused as a child.  
 
  [Legal Issue]Previous consent orders. Urgent application following almost immediate failure to comply with orders. Allegations of sexual abuse and violence against the father. Allegations of manipulative and alienating behaviours against the mother. Consideration of argument as to admissibility of statements attributable to the mother being made to Department of Communities officers and communicated to police officers – finding of admissibility – consideration of the objects of the Act and principles and application of relevant considerations – consideration of whether the behaviour of one or other of the parties constitutes an “unacceptable risk” to the children – determination on an interim basis that a risk of psychological harm of an unacceptable nature does arise – orders a   [Court Orders]Family Court judge Justice Peter Tree, “after eight days of trial before me of fiercely contested competing parenting applications relating to the parties’ six-year-old twin girls”, ordered that Mr Wylie have sole parental responsibility for the major long-term care of his children and that Ms Wylie ask her GP for referral to a psychiatrist. “I am satisfied, on the material before me, that the concerns which inevitably would otherwise have flowed from the mother’s notice of abuse, have     


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