BARTEL & SCHMUCKER

In the Family Court of Australia, Dawe J considered an application by the mother seeking to alter the care arrangements for the parties' children, based on allegations of sexual abuse against the father. The mother also sought orders for the children to receive counselling or therapy.

The court was required to determine whether the best interests of the children warranted a significant alteration to the existing care arrangements, given the serious allegations made. Additionally, the court had to consider whether to make orders for counselling or therapy, and if so, what form such orders should take in the context of the disputed allegations.

Dawe J reasoned that insufficient information was before the court to justify a significant change to the care arrangements at the interim stage. The court was not prepared to make orders for counselling or therapy without clarity on the specific nature and likely outcome of such interventions. Consequently, the mother's application to alter care arrangements was dismissed.

The court made specific orders continuing existing arrangements for one child, noting that the father was not proposing to spend time with another child. The mother was directed to ensure the child's attendance at a contact centre. The Independent Children's Lawyer was directed to make further enquiries regarding appropriate counselling or therapy options, and the matter was listed for further directions concerning a report update.