Lindsey & Baker

In this matter before Justice Carmody, the dispute concerned parenting orders for a child, B, born in October 2002. The proceedings involved allegations of child sexual abuse by the father, and the mother's expressed unwillingness to facilitate time between the child and the father.

The court was required to determine whether the child faced an unacceptable risk of abuse by the father, and to make orders regarding the child's living arrangements and time spent with each parent, considering the child's best interests. The court also had to address the mother's concerns and the potential benefit of a meaningful relationship between the child and both parents.

Justice Carmody reasoned that no level of risk had been ascertained, and that the child would benefit from a meaningful relationship with both parents. Consequently, the court ordered that all previous parenting orders be set aside. The child was to live with the mother, and unsupervised time with the father was to be gradually introduced, commencing with alternate Saturdays and progressively increasing to alternate weekends with overnight stays and mid-week contact. Specific provisions were made for special days, school holidays, and changeovers. The court also ordered that the parties share parental responsibility, keep each other informed of contact details, and have access to the child's schooling and medical information. The Independent Children's Lawyer was to be discharged in 12 months, at which time the orders would become final, with liberty to relist within that period.