FULTON & PACKER

In the matter of Fulton & Packer, Kent J of the Family Court of Australia considered a dispute concerning the living arrangements and parental responsibility for a child, B, born in 2003. The central conflict arose from the mother's allegations of physical and sexual abuse perpetrated by the father, which the father contended were the result of the mother's coaching or the influence of her household. The child was aware of the parental conflict and had a history of separation anxiety.

The court was required to determine the reliability of the child's disclosures of abuse, assess whether the child was at an unacceptable risk of harm, and balance the importance of a meaningful relationship with the father against the need to protect the child from psychological harm. The mother held a firm belief in the abuse, and she and her husband had informed the child that the father had sexually abused him.

Kent J found that the presumption of equal shared parental responsibility was rebutted in the best interests of the child. The court reasoned that the mother's resolute belief and her actions in informing the child of the alleged abuse, coupled with the child's awareness of the conflict and existing anxiety, created an environment where the child's disclosures, while potentially genuine, were susceptible to external influence. The court prioritised the child's protection from psychological harm.

Consequently, the court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for major long-term issues, with a requirement to consult the father in writing before making final decisions. The child was ordered to live with the mother, and the father's time with the child was to be supervised by a nominated provider for two hours per fortnight, with the father bearing all associated costs. The court also made detailed provisions for future family reports and dispute resolution, and included orders regarding communication, information sharing, and respectful conduct between the parents.