Licha and Wunscher

This case involved Mr Licha (the Applicant Father) and Ms Wunscher (the Respondent Mother) concerning parenting arrangements for their daughter, born in August 1999. The primary dispute revolved around the mother's allegations of sexual abuse by the father, which she maintained were true and posed an unacceptable risk to the child. The father vehemently denied these allegations. The matter was heard in the Family Court of Australia.

The court was required to determine the best interests of the child, specifically whether the allegations of sexual abuse were substantiated to the civil standard of proof, and if not, whether there was an unacceptable risk of such abuse occurring if the father had contact with the child. The court also had to consider the benefit to the child of a meaningful relationship with both parents and the need to protect her from harm.

Guest J found that the allegations of sexual abuse were not made out to the requisite standard of proof and that there was no unacceptable risk to the child in maintaining contact with her father. The court's reasoning was heavily influenced by the evidence presented, including the testimony of the parties, the reports of various professionals (Family Consultant Ms W, psychologist Mr F, psychiatrist Dr K, and Dr R), and the Independent Children's Lawyer's assessment. The court noted the mother's persistent and, in its view, unfounded belief in the allegations, her lack of insight, and her failure to promote the child's relationship with the father. Conversely, the father was found to be a credible, honest, and reliable witness who genuinely desired a relationship with his daughter and demonstrated an understanding of his parental responsibilities. The court applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the paramountcy of the child's best interests and the "unacceptable risk" test in cases of alleged abuse.

The court ordered the discharge of all previous parenting orders and established new arrangements. These included equal shared parental responsibility, the child living with the mother, and a detailed schedule for the father to spend time with the child, gradually increasing over time. The orders also included provisions for the child's name, school matters, communication between parents, and specific therapeutic interventions for both the child and the mother. The court also made orders restraining the mother from certain behaviours towards the child concerning the allegations and from denigrating the father.