Campbell and Wilson & Anor

The case of *Campbell and Wilson & Anor* involved a dispute concerning the welfare of a child, Z. The primary parties were the child's mother and father, and the maternal grandmother, who sought sole parental responsibility. The central issue was the determination of arrangements for Z's care, including living arrangements and time spent with each parent, in light of allegations of sexual abuse by the father and a history of illicit drug use by both parents. The matter was heard by O'Reilly J.

The court was required to determine whether the evidence sufficiently supported the allegations of sexual abuse of the child by the father. It also needed to assess the risk of harm to the child if placed in the father's unsupervised care, considering the parents' history of drug use. Furthermore, the court had to make final orders regarding parental responsibility, the child's living arrangements, and the nature and supervision of time spent with each parent, all within the overarching framework of the child's best interests.

In reaching its decision, the court considered the evidence presented regarding the allegations of sexual abuse. While acknowledging that some alleged matters were inherently unlikely or had possible innocent explanations, the court did not make a definitive finding that the abuse did not occur, noting the difficulty in proving a negative. However, on balance, the court concluded that there was no unacceptable risk to the child of sexual abuse if in the father's care, albeit with supervision. The court also noted that immunoassay hair analysis tests had not been undertaken by either parent. Ultimately, the parties agreed to final orders, and the court made orders reflecting this agreement.

The final orders provided that the maternal grandmother have sole parental responsibility for Z, with a requirement to consult with both parents before making major long-term decisions. Z was ordered to live with the maternal grandmother and spend supervised time with each parent. The mother's time with Z was to be supervised by the maternal grandmother or designated individuals, with no overnight stays. The father's time was to be supervised by the paternal grandmother or an approved nominee, with specific arrangements for changeovers and special days. The orders also included provisions regarding communication between parties, drug use restraints, and attendance at the child's school.