CERWIN & CERWIN (No.2)

In *Cerwin & Cerwin (No.2)*, the Family Court of Australia considered an interim arrangement for a child, X, to spend time with her father. The mother alleged sexual abuse by the father, which the father denied, asserting instead that the mother was alienating the child from him. The central dispute revolved around assessing the risk of sexual abuse to the child at this interim stage and determining a proportionate response to any identified risk, while also considering the child's best interests and the importance of a meaningful relationship with her father.

The court was required to determine whether the risk of harm to the child was unacceptable if she spent time with her father. This involved weighing the competing allegations and assessing the degree of risk arising from the alleged sexual abuse. The court also had to consider what constituted a proportionate response to that risk, balancing the need for the child's protection with the principle of maintaining a meaningful relationship with both parents.

Judge Brown applied principles relating to the assessment of risk of harm to children in family law proceedings, particularly at the interim stage. The court considered the best interests of the child as paramount and acknowledged the importance of a meaningful relationship with the father. The reasoning focused on a practical and proportionate approach to managing any identified risk, rather than making definitive findings of fact at this preliminary stage.

The court ordered that the child X spend time with the father from 10.00 am on Monday 7 October 2019 until the child's flight departure on 13 October 2019. Specific exchange arrangements were made involving the maternal grandfather and the child's aunt. Crucially, the father was restrained by injunction from imposing on the child's privacy during bathing or ablutions, and from entering her bedroom after she retired for the night without her permission. The father was also ordered to arrange telephone contact for the child on two specified evenings. The matter was adjourned for further consideration and directions.