Gillee and Gillee

This case concerns orders made by O'Reilly J in the Federal Circuit and Family Court of Australia concerning the parental responsibility and living arrangements for a child, S, born in May 2004. The dispute involved allegations of sexual abuse by the father, which the mother alleged occurred sometime before October 2004. The court was required to determine the terms of parental responsibility, the child's living arrangements, and the extent of the father's time with the child, including the nature of supervision.

The court was required to assess the evidence presented, including the mother's observations of redness and a "small black hole" in the child's genital area, which she alleged indicated sexual abuse by the father. The mother, a registered nurse, distinguished this redness from nappy rash. The court also considered the evidence of Ms F, also a registered nurse, who provided a similar description of the child's genital area. The legal issues involved determining the risk of harm to the child and establishing appropriate orders for her welfare and the parents' responsibilities.

In its reasoning, the court applied principles concerning the assessment of risk to a child, noting that risks involve both the chance of an event occurring and its consequences. The court emphasised that the more serious the consequences, the higher the risk, even if the probability is low. The court also considered the practical assistance provided by previous judgments in assessing what is required in such matters. The court's orders reflect a detailed framework for shared parental responsibility, communication between parents, and the child's day-to-day care.

The court ordered that the parties have equal shared parental responsibility for S concerning major long-term issues, requiring them to consult and make genuine joint decisions. Specific protocols were established for written communication and dispute resolution. The child was ordered to live with the mother, with supervised time with the father, with the supervision arrangements gradually transitioning from strict "line of sight" to "in the vicinity" by the father's partner, Ms D. The orders also mandated attendance at post-separation parenting courses, psychiatric and paediatric assessments for the mother and child respectively, and further reporting from a family consultant.