Harvey & Patterson

This case concerned an application before Benjamin J in the Family Court of Australia, brought by the mother against the father regarding the time and communication between the child and the father. The dispute arose in the context of the father's past serious criminal convictions, including sexual abuse of the child's siblings.

The primary legal issue before the court was whether it was in the best interests of the child for there to be any face-to-face time with the father, and if so, what form that time should take. This required the court to consider the meaning of a "meaningful" relationship under section 60CC(2)(a) of the *Family Law Act 1975* (Cth) and to assess the risk of harm to the child, given the father's history of sexual abuse and controlling behaviour.

His Honour accepted the mother's evidence regarding the father's intrusive and controlling behaviour, and the expert evidence of Dr W, a Clinical Forensic Psychologist. Dr W, who had a therapeutic relationship with the father, expressed significant reservations about the father's prognosis, stating he could not foresee a time when there would be no risk to a child in the father's unsupervised care, and that only supervised time might be considered. The court found that the father's actions, even after significant personal consequences and therapy, demonstrated a continued self-centred nature and desire to control, lacking genuine emotional insight into his offending behaviour. Despite acknowledging a positive relationship had endured, the court concluded that limited face-to-face time would not benefit the child, as it would inevitably involve bringing the offender into the family's life, causing preparation, anticipation, and post-visit acknowledgement, potentially leading to a flow-on impact of the abuse on the child, mother, and siblings.

Consequently, Benjamin J ordered that there be limited communication and no face-to-face time between the child and the father, disagreeing with the recommendations of the single expert and the submissions of the father and the independent children's lawyer.