Darcy and Darcy (No. 3)

The case of *Darcy and Darcy (No. 3)* concerned applications relating to the children of the marriage, A and T, before Brown J of the Family Court of Australia. The primary dispute revolved around allegations of sexual abuse of A by the father, which had led to the matter being referred to the Magellan list. The father sought to have supervised contact with the children removed and replaced with supervision by his own family members, along with an extension of contact time. The mother opposed this, highlighting the father's family's inability to acknowledge the abuse allegations.

The court was required to determine whether to grant the father's request to dispense with professional supervision of his contact with the children and allow family members to supervise, and whether to extend the duration of contact. Additionally, the court needed to set directions for the progression of the case towards trial, including the filing of documents, expert reports, and the scheduling of a pre-trial conference. The court also had to consider the evidence presented by the independent supervisor regarding the children's behaviour during supervised contact.

Brown J ultimately dismissed the father's application to change the supervision arrangements. The court found that the professional supervision, provided by an independent agency and supervised by Ms S, was still necessary and offered valuable, objective insights into the father-child relationship, particularly in light of A's concerning aggressive behaviour. The judge noted that professional supervision also served to protect the father from potential false allegations. The court then issued detailed orders setting out procedural directions for the parties, including timelines for filing amended applications, responses, affidavits, subpoenas, and expert reports, and scheduled a pre-trial conference in anticipation of a trial commencing in July. The court also made orders regarding the sale of certain properties and the distribution of proceeds, as well as the occupation of the family home.