ACKER & ACKER (No.2)

This matter concerned an application by the Father for interim parenting orders in proceedings between the Father and the Mother. The proceedings were before Judge Newbrun in the Family Court of Australia.

The central legal issue before the Court was whether to make interim orders for the children to spend time with the Father, and if so, what form that time should take, having regard to the best interests of the children. This involved considering allegations of coercive controlling violence perpetrated by the Father, the Mother's potential PTSD and its impact on her parenting capacity, and concerns raised by the family report writer regarding the Father's interactions with the children during supervised time.

Judge Newbrun dismissed the Father's application. The Court noted the family report writer's opinion that if coercive controlling violence was established, limited or no time with the Father might be appropriate. While the report writer recommended alternative weekend time with the Father unless evidence suggested otherwise, the Court also considered concerning features in the Father's interviews and contact service information, including allegations of the Father engaging in leading questions with the children about the parental dispute and difficulties in providing a non-blaming narrative. The Court found that the Father's continued inappropriate engagement of the children in the parental dispute during supervised time remained a cause for concern, as it had been in an earlier interim judgment. The Court also noted the family report writer's view that supervised time was generally only suitable on an interim basis.