DEMOPOULOS & FULLARD

In the Family Court of Australia, Johnston J considered interim parenting orders concerning a five-year-old child. The dispute arose after the mother, with whom the child was ordered to live, failed to make the child available to the father for his time. The mother alleged sexual abuse by the father, while a single expert psychiatrist recommended an immediate change in the child's primary residence to the father, opining the mother suffered from a delusional disorder.

The court was required to determine whether placing the child in the father's care would expose him to an unacceptable risk of sexual abuse, and more broadly, what orders were in the child's best interests pending further proceedings. The court also considered whether it was in the child's best interests for the parents to share parental responsibility.

Johnston J reasoned that the mother had failed to establish an unacceptable risk of sexual abuse. Applying the paramount consideration of the child's best interests, the court found that an immediate change of residence to the father was required. Consequently, the court determined that shared parental responsibility was not in the child's best interests and made orders for the father to have sole parental responsibility and for the child to live with him. The mother's subsequent oral application for a stay of these orders was dismissed, with the court finding that the father could provide adequate care and that the serious allegations had been considered.