ETHEL & DOBBS

Case

[2011] FamCA 110

21 February 2011


Details
AGLC Case Decision Date
ETHEL & DOBBS [2011] FamCA 110 [2011] FamCA 110 21 February 2011

CaseChat Overview and Summary

The proceedings concerned interim orders regarding the time a child, L, would spend with her father, following allegations by the mother that the father had sexually abused the child. The matter came before Justice Burr.

The court was required to determine the appropriate interim parenting orders, specifically concerning the nature and supervision of the father's time with L, in circumstances where the mother alleged sexual abuse and the court considered a cautious approach was warranted. The court also considered the role of the maternal grandparents and the need for the mother to undertake a parenting program.

Justice Burr reasoned that given the serious allegations, a supervised approach to the father's time with L was necessary. The court ordered that the father spend supervised time with L on specific dates and monthly thereafter, with supervision to be provided by the father's mother or daughter. Handovers were to occur within a police station, and the father was restrained from consuming illicit substances for a period before and during his time with L, and from bathing L. The court also ordered the mother to enroll in and complete a post-separation parenting program. The proceedings were adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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