Hammond & Hammond

This case concerned a parenting dispute between Mr. Hammond (the applicant father) and Ms. Hammond (the respondent mother) regarding their two daughters. The central conflict revolved around the extent of time, if any, the children should spend with their father and whether parental responsibility should be shared equally or exercised solely by the mother. The mother alleged that the father posed an unacceptable risk of harm to the children due to alleged sexual abuse of the older child, a claim the father denied. The Independent Children's Lawyer (ICL) proposed alternative orders depending on the court's findings regarding the risk of harm.

The court was required to determine whether the father posed an unacceptable risk of sexual harm to the children, and consequently, whether the mother should hold sole parental responsibility. It also needed to consider the appropriate parenting arrangements for the children, including the extent of time they should spend with the father, and whether equal shared parental responsibility would be in the children's best interests. Furthermore, the court addressed the costs of the ICL.

Hannam J found the older child's disclosures regarding alleged abuse to be of limited accuracy and reliability, noting concerns about potential coaching by a psychotherapist and contamination of the child's accounts by the mother and psychotherapist. The court was not satisfied that the abuse allegations were proven to the requisite standard, nor that there was a future likelihood of sexual abuse by the father, and therefore concluded he did not pose an unacceptable risk. Consequently, the court was not satisfied that it would not be in the children's best interests for the parents to have equal shared parental responsibility. The court made orders largely in line with the ICL's proposals, granting equal shared parental responsibility, with the children living with the mother. The court also ordered that the mother and father pay the ICL's costs in equal shares, noting that both parties were wholly unsuccessful in their proceedings. The final orders detailed a phased approach to the children spending time with the father, commencing with supervised contact and gradually increasing to unsupervised time.