Harris and Cavanagh (No 2)

This matter concerned a dispute between a father and mother regarding parenting orders for their child, Z. The father, who was on the sex offenders' register, sought orders for increasing unsupervised time with Z, including overnight stays and alternate weekends. The mother opposed these orders, raising concerns about the father's risk to Z. The case was heard in the Family Court of Australia.

The court was required to determine the primary considerations under section 60CC of the Family Law Act 1975 (Cth), specifically the benefit to Z of a meaningful relationship with his father versus the need to protect Z from physical or psychological harm. The court also had to consider the weight to be given to the protection of the child from harm, as stipulated in section 60CC(2A), and how the father's past conduct and ongoing compliance with his obligations as a registered sex offender impacted these considerations.

The court applied the principles of evidence, noting that no evidence had been presented regarding "other allegations" against the father, despite an earlier indication that such evidence might be called. The court found the father's possession of child abuse material, even if downloaded from the internet, to be a serious matter, reflecting community attitudes and legislative intent. The court gave greater weight to the need to protect Z from harm, particularly in light of the father's criminal convictions for failing to comply with his reporting obligations under the sex offenders' registration. These convictions, occurring after his release from prison and despite his awareness of his obligations, demonstrated a concerning pattern of behaviour that weighed heavily against the father's application for unsupervised time with Z. The court also considered a psychologist's assessment that the father posed a moderate risk of general offending behaviour, which, when combined with his history, raised significant concerns about his association with other members of the community and his understanding of societal laws.