Leth and Yayathi

These proceedings before the Family Court of Australia concerned parenting arrangements for two children, B (aged 9) and C (aged 7), the children of Ms Leth (the applicant mother) and Mr Yayathi (the respondent father). The parents separated in June 2008. The dispute centred on allegations of sexual abuse, the children's avoidance of a relationship with the father, and the mother's alleged lack of capability in encouraging and facilitating a relationship between the children and the father.

The court was required to determine several key legal issues. These included whether the mother was capable of promoting a relationship between the father and the children, particularly B. The court also had to consider if, in light of this, the primary residence of the children should be reversed to live mainly with the father, and if so, what conditions should apply to the mother's time with them. Furthermore, the court needed to establish an appropriate timetable and safeguards for the reintroduction of a meaningful relationship between the father and B, and whether the orders should be made on an interim basis only.

The court's reasoning and the legal principles applied are reflected in the detailed orders made. The court found that equal shared parental responsibility should continue, with the children living primarily with the mother. A graduated regime for the children spending time with the father was established, with significant involvement from a Family Consultant and a counsellor, Ms I, to facilitate B's re-introduction to her father. The mother was specifically ordered to encourage B's relationship with her father and to encourage both children to call the father "Dad" or "Daddy". Both parents were also ordered to attend parenting courses and individual counselling.

Pending further order, the court made interim orders that the parents have equal shared parental responsibility and that the children live with the mother. The orders detail a phased approach to the children spending time with the father, commencing with supervised and facilitated contact, gradually increasing in duration and independence. These orders also include provisions for communication between parents and children, therapeutic counselling for B, and general parenting matters such as not speaking negatively about the other parent and keeping each other informed of the children's well-being.