Knibbs and Knibbs

This case concerned an application by the mother and father for orders regarding their two children, N and S. The dispute centred on allegations of sexual abuse by the father and the resulting risk to the children. The court was required to determine whether the evidence established that the children had been sexually abused by the father and whether there was an unacceptable risk of such abuse occurring if the children spent unsupervised time with him.

The court considered the principles for assessing risk of harm to children in family law proceedings, referencing previous Full Court decisions that emphasised the need to consider whether the evidence establishes an "unacceptable risk" and that this involves a "real and substantial" consideration of particular facts. The mother sought positive findings of sexual abuse by the father against both children, while the independent children's lawyer and the father argued against such findings and contended there was no unacceptable risk. The court specifically examined the mother's allegations regarding the father touching S over her swimming costume while applying sunscreen and touching N's penis on two occasions.

The court ultimately found that the evidence did not establish that the children had been sexually abused by the father, nor that there was an unacceptable risk of sexual abuse if they spent unsupervised time with him. Consequently, the court made orders for equal shared parental responsibility, with specific arrangements for the children's living arrangements, changeovers, special days, and communication between the parties. The orders also included provisions for the parties to not denigrate each other in the presence of the children, not discuss adult issues with them, and to ensure the children had no contact with a Mr R. The independent children's lawyer was to remain involved for 12 months to assist in explaining the orders to the children and providing them to the children's school.