CADRIEL & GABBEY

In the matter of *Cadriel & Gabbey*, heard before Judge Kari, the court considered an interim parenting dispute between the mother and father concerning their two young children, aged three years and ten months. The mother alleged that the father posed a risk of physical, sexual, and emotional abuse to the children, and also claimed a risk of emotional harm to herself if the father were to have a relationship with the children. The father denied these allegations.

The central legal issues before the court were whether the mother's allegations of abuse and risk of harm were sufficiently substantiated to warrant restricting the father's contact with the children, and what interim orders were appropriate to ensure the children's safety and well-being while balancing the father's right to spend time with them. The court was required to assess the evidence presented by both parties, including police records and affidavit material, to determine the level of risk, if any, posed by the father.

Judge Kari's reasoning focused on the lack of corroboration for the mother's serious allegations, particularly in relation to a specific incident of alleged inappropriate touching of their son, X. The court noted significant concerns regarding the timing and presentation of these allegations, especially in light of police records indicating insufficient evidence to proceed with criminal charges and the absence of the mother providing her own corroborating police records. While acknowledging that family violence often goes unreported, the court found that the available records, largely presented by the father, cast doubt on the veracity of the mother's claims. Consequently, the court made orders for the children to live with the mother and for the father to spend supervised time with them each Saturday, with costs borne by the father. Further, the parties were directed to enrol in a supervised time program at a children's contact service, with specific conditions regarding the duration, supervision, costs, and reporting requirements for these visits. The existing orders from 18 November 2019 were discharged, and the proceedings were adjourned for mention.