Desmond and Allcard and Ors

FAMILY COURT OF AUSTRALIA

DESMOND & ALLCARD AND ORS [2012] FamCA 813

FAMILY LAW – CHILDREN – Best interests of the child – where the mother sought sole parental responsibility that the child live with and child spends time with the paternal aunt – where the father sought orders that the child live with him after six weeks with the paternal aunt and that the child have no contact with the mother for an initial period of three months - where orders provide for the child to live with the mother – where orders provide that the child spends time with the paternal aunt – where the child spends no time with the father or paternal grandmother - where the father was convicted of indecently assaulting the child’s step-sister - where the father had served a minimum gaol term of 18 months for his custodial sentence of three years – where the child was found to be at risk in both households - where the expert only marginally favoured the proposal of the mother over the father – where the child was at risk in the mother’s household as she was not emotionally available for the child, as she had not properly dealt with the sexual abuse of her daughter – where the expert said it was necessary for the mother to seek specialist therapeutic intervention from a sexual assault worker as her previous psychological interventions were inadequate in addressing specific issues associated with sexual abuse - where the child was at risk of becoming alienated in his local community if he was to be placed into the home of his father - where the child did not want to have anything to do with his father and where he was protective of his step-sister and mother – where the child’s wishes were given significant weight - where orders were made to allow the child to have the choice of whether to make contact with his father before reaching 18 years of age- where there was a benefit to the child of continuing his relationship with the paternal aunt - where there were previous final consent orders providing for a relationship to be re-established between the father and child, those orders providing that the child first see the paternal grandmother and paternal aunt  – where the mother failed to abide by earlier orders providing for contact with the father and paternal family– where the mother did not want the child having any contact with the paternal grandmother – where the expert considered mother’s parenting style somewhat lax with her daughter in early adolescence.  

Family Law Act 1975 (Cth) ss 60CC, 62B and 65DA,

APPLICANT: Ms Desmond

FIRST RESPONDENT: Mr Allcard

SECOND RESPONDENT: Ms M Allcard

THIRD RESPONDENT: Ms D Allcard

FILE NUMBER: (P)NCC 793 of 2008

DATE DELIVERED: 21 September 2012

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATES: 29, 30 & 31 August 2012

REPRESENTATION

APPLICANT: In person

SOLICITOR FOR THE FIRST, SECOND &…