Aloka & Brian

In the matter of BRC 9725 of 2015, Mr. Aloka (the applicant father) and Ms. Brian (the respondent mother) were before the Family Court of Australia at Brisbane, with an Independent Children’s Lawyer appointed to represent the interests of the child. The proceedings concerned allegations that the father posed an unacceptable risk of harm to the child due to sexual abuse.

The central legal issue before Baumann J was to determine whether the father presented an unacceptable risk of harm to the child by reason of sexual abuse, as alleged. This required the Court to assess the evidence presented regarding the allegations and their potential impact on the child's safety and wellbeing.

After considering the evidence, Baumann J found that the father did not present as an unacceptable risk to the child by reason of sexual abuse. Consequently, the proceedings were ordered to remain listed for an Interim Hearing on a specified date in March 2021.