KENT & SHAW

The case involved allegations of sexual abuse of a child by the father, and the mother's claims of family violence. The court was required to determine the best interests of the child, including whether the father had sexually abused the child and whether there was an unacceptable risk of harm to the child from family violence. The court also considered the presumption of equal shared parental responsibility and whether it applied in this case.

Strickland J found that the court was not satisfied that the father had sexually abused the child or that there was an unacceptable risk to the child from family violence. The court noted that the father had been convicted of breaching a restraining order obtained by the mother, but was not satisfied that this necessitated orders to protect the child from violence. The court also considered the child's exposure to the mother's negative views of the father, which had led to the child developing an unreasonable fear of the father.

The court applied the principles outlined in section 60CC of the *Family Law Act 1975* regarding the best interests of the child. It found that the benefit to the child of having a meaningful relationship with both parents was a primary consideration, as was the need to protect the child from harm. The court determined that the presumption of equal shared parental responsibility did not apply due to findings of family violence.

The court ordered that the child live with the mother and have sole parental responsibility. It also ordered that the parties and the child engage in therapy to address the mother's acceptance of the court's findings regarding the abuse allegations, the child's fear of the father, and the father's emotions concerning the accusations. The court made detailed orders for the gradual introduction of the child spending time with the father, commencing with therapy-facilitated introductions and supervised contact, before progressing to unsupervised time. Further orders included provisions for communication between the parties, parental education, and the discharge of the Independent Children's Lawyer after six months.