Albert and Chalmers

In *Albert & Chalmers* [2013] FamCA 503, the Family Court of Australia considered an application by the father for his children to attend counselling or see a psychiatrist, with the stated aim of reintroducing them to him. The children, born in 1997 and 2000, had expressed clear views that they did not wish to see their father. A Family Report prepared by a Family Consultant recommended against further counselling for the children.

The primary legal issue before the Court was whether to make an order compelling the children to attend counselling or see a professional, despite their stated wishes and the recommendation of the Family Consultant. This required the Court to balance the desirability of a child having a relationship with a parent against the need to protect the child, as guided by sections 60CC(2) and (3) of the *Family Law Act 1975* (Cth).

Justice Collier, in her reasoning, gave significant weight to the Family Consultant's report, which indicated that further counselling was unlikely to be helpful and could be detrimental to the children, potentially deepening their resentment towards the father. The Court noted that while the father asserted parental alienation, it was unable to make a concluded finding on this issue based on the available evidence. Crucially, the Court found that the children had expressed clear and unequivocal views that they did not wish to see their father, and that compelling them to attend counselling would not be in their best interests.

Consequently, the Court dismissed the father's application and all outstanding applications and cross-applications, ordering that all issues be removed from the Active Pending Cases List. The Court declined to make any order for the children to be seen by any professional or to be involved in any form of counselling or therapy.