Marsden and Winch

The case of *Marsden and Winch* involved an application by the father for final and interim orders. The court was required to determine the father's application in light of expert reports concerning his history of sexual misconduct, his alleged recovery, and the risk of re-offending, particularly in relation to the child.

The central legal issues before the court were whether the father had received appropriate evidence-based treatment for his paraphilia, the reliability and relevance of the expert opinions presented, and the assessment of the risk of future sexual offending. Specifically, the court needed to consider the distinction between clinical and forensic psychological assessments and whether the father had undergone the latter, which is considered essential for reliably assessing psycholegal questions. The court also had to evaluate the father's candour and the extent to which he had minimised his past behaviour.

Justice Watts, in his decision, found that the available clinical records and reports did not provide sufficient evidence that the father had received current, evidence-based treatment for his paraphilia. He noted that the treatment described by the father's treating professionals lacked the structured procedures typically involved in the best practice treatment of paraphilias. Furthermore, Justice Watts highlighted that the father had not undergone a forensic psychological assessment, which is crucial for reliably answering questions about the risk of re-offending. He expressed concern regarding the father's defensive minimising of his past behaviour and concluded that without a proper forensic assessment, confident predictions about future behaviour could not be made.

Consequently, the father's application for final and interim orders was dismissed. The court also ordered that a Judge be appointed to manage any further applications relating to the child, with Justice Watts to serve in this capacity if reasonably available, unless an appeal against these orders was lodged.