CHARLES & BERN

In the matter of *Charles & Bern*, the Family Court of Australia considered allegations of sexual abuse made by the mother against the father, in circumstances where consent orders previously provided for the father to spend time with the child. The proceedings had a significant history, and the father did not attend the hearing nor indicate the orders he sought.

The central legal issue before the Court was whether the previous consent orders, which facilitated the father spending time with the child, should be discharged in light of the mother's allegations and the father's absence. The Court was required to determine what orders were in the best interests of the child.

Applying the principles of child welfare, the Court reasoned that the allegations of sexual abuse, coupled with the father's failure to participate in the proceedings or propose alternative arrangements, necessitated the discharge of the existing time orders. The Court concluded that it was in the child's best interests to no longer spend time with the father under the previous arrangements.

Consequently, the Court ordered that the paragraphs of the previous orders concerning the father spending time with the child be discharged. The appointment of the Independent Children’s Lawyer was also discharged, and all pending applications were dismissed.