Flood & Piper and Ors

In proceedings before Mullane J, the court considered the risk of sexual abuse concerning two children, S and D, in relation to unsupervised time with their father. The proceedings involved the father and potentially other parties, though their specific roles are not detailed.

The central legal issue before the court was to determine whether there was an unacceptable risk of sexual abuse to the children if they were to have unsupervised time with their father. This required an assessment of the evidence presented regarding the safety and welfare of S and D in this context.

Mullane J found that there was no unacceptable risk of sexual abuse to either child during unsupervised time with the father. Due to the impending retirement of Justice Mullane on 30 September 2008, the court abandoned further hearing of the proceedings. The matter was adjourned for case management before another judge, with directions for the provision of a transcript of the first day of the Less Adversarial Trial if requested by a party or the independent lawyer for the children. The reasons were also to be provided to the Officer-in-Charge of the JIRT Team.