Kempsey and Bates

In the matter of *Kempsey v Bates*, heard in the Family Court of Australia at Melbourne, the parties were the father, Mr Kempsey, and the mother, Ms Bates, with an independent children's lawyer representing the child, M. The dispute concerned the father's contact with their daughter, M, born in October 2002, following the parents' separation in September 2005. The mother had become concerned about allegations of sexual abuse made by her older daughter, S, against the father, leading to involvement from the Department of Human Services.

The court was required to determine the appropriate interim orders regarding the father's time with M, balancing the need to protect M from potential abuse against the importance of maintaining her relationship with her father. Specifically, the court considered whether to apply the presumption of equal shared parental responsibility under the *Family Law Act 1975* and how to proceed in light of allegations of sexual abuse concerning S, for which there was no direct evidence against M.

Justice Brown applied the principles and objects of the *Family Law Act 1975*, concluding that it was not appropriate to apply the presumption of equal shared parental responsibility at that interim stage, pending findings about the alleged sexual abuse. The court's focus was on protecting M from possible abuse while preserving her relationship with her father in a safe manner. The reasoning acknowledged the mother's distress and the potential impact of any finding of sexual abuse by the father on future orders.

The court ordered that, if assessed as suitable, the father would spend two hours a fortnight with M at a contact service, with such time to be solely between father and child and without other family members or friends present. A Family Report was to be prepared, and further hearings were adjourned. Interim applications were dismissed, and particulars of the obligations and consequences of contravening the orders were to be set out in a Fact Sheet.