Newarke and Lathwell

This matter concerned an application before Aldridge J in the Family Court of Australia, brought by the parents, Newarke and Lathwell, regarding the welfare of their children, C and D. The dispute centred on arrangements for the children's time with their parents and allegations of sexual abuse against the father.

The court was required to determine several key issues. These included whether the children were at risk of harm, the children's views and the weight to be given to them, the nature of the children's relationships with each parent, each parent's ability to facilitate a relationship with the other parent, and the capacity of each parent to meet the children's needs. The court also needed to consider the parents' ability to communicate and cooperate regarding parenting, the impact of proposed time arrangements, and specifically, the father's alleged sexual abuse of another child and the risk of sexual abuse to C and D. Finally, the court had to decide whether the father's time with the children should be supervised.

In resolving these issues, Aldridge J made consent orders appointing a single expert witness, a psychiatrist, to prepare a report on the children's welfare. The expert was directed to consider a comprehensive list of matters, including risk of harm, children's views, parental relationships, parental capacity, and the specific allegations of sexual abuse. The court also made interim orders regarding the children's time with the father, stipulating supervised contact on specific days and times, with different parties responsible for supervision and associated costs. The father was ordered to pay a significant sum towards the expert's fees, with further contributions to be determined.

The court's orders provided for the appointment of the expert and outlined the specific areas of inquiry for the report. Interim arrangements for the children's time with the father were established, including supervised contact and specific responsibilities for supervision costs. The matter was adjourned for further directions, with deadlines set for the filing of affidavits and the provision of reports.