Mackillop & Jell

This matter concerned competing residence applications before Bennett J in the Family Court of Australia. The dispute arose from allegations of sexual abuse made by the mother against the father concerning their six-year-old child. The child had not seen the father for the preceding twenty months at the time of the decision.

The court was required to determine whether there was an unacceptable risk of harm to the child, and if not, to make orders regarding the child's residence and parental responsibility. A key issue was the mother's conduct, specifically whether her behaviours towards and concerning the child, in relation to her allegations, amounted to emotional abuse of the child. The court also had to consider the child's relationship with both parents and the impact of the proceedings on the child.

Bennett J found that there was no unacceptable risk of harm to the child from the father. Crucially, the court found that the mother would not permit the child to have a meaningful relationship with the father. Furthermore, the court determined that the mother's actions surrounding her allegations constituted emotional abuse of the child. Consequently, the court reversed the previous residence orders, granting the father sole parental responsibility and ordering that the child live with him. The mother was granted regular time with the child, with detailed provisions for contact and communication.