LANGDON & DODD

In the matter of *Langdon & Dodd*, Thornton J of the Family Court of Australia considered competing parenting proposals for three children aged nine, eight, and six. The dispute arose in the context of serious allegations of sexual abuse made against the father concerning his fifteen-year-old stepdaughter, which led to criminal charges that were subsequently discontinued by the Director of Public Prosecutions. The central question before the court was whether the father posed an unacceptable risk of sexually abusing the three children of the marriage and, consequently, whether he should be permitted unsupervised time with them.

The court was required to determine the best interests of the children, as mandated by Part VII of the *Family Law Act 1975* (Cth), and to assess the risk posed by the father. This involved evaluating the evidence presented, including the serious allegations of sexual abuse, the discontinuation of criminal proceedings, and the potential impact on the children's welfare. The court also had regard to the principles established in cases such as *Briginshaw v Briginshaw* and *M v M*, which guide the standard of proof in family law matters, particularly where serious allegations are made.

Thornton J found that the father presented an unacceptable risk of sexually abusing the children. Applying the principles of assessing risk and the paramountcy of the children's best interests, the court concluded that unsupervised time with the father was not appropriate. The court ordered that the mother have sole parental responsibility and that the children live with her. The father was granted supervised time with the children for up to four hours once per fortnight, with the supervisor to be nominated by the Director of Court Counselling if the parties could not agree. The cost of supervision was to be borne by the father, and the mother was responsible for transporting the children to the supervised sessions. The court also made orders by consent regarding communication between the parents and contact arrangements for the children.