Partington & Cade

This case involved applications concerning the welfare and property of children and their parents. The primary dispute centred on the mother's application to relocate the children from Tasmania to New South Wales, and the father's application for the children to live with him. Allegations of sexual abuse against the father were a significant factor in the court's determination. The case was heard by Burr J in the Family Court of Australia.

The court was required to determine the standard of proof applicable to findings of sexual abuse and unacceptable risk to children. It also had to consider the children's best interests in relation to the proposed relocation, the need to maintain the children's relationship with their father, and the mother's history of breaching court orders. Furthermore, the court was tasked with resolving the parties' competing proposals for the children's living arrangements and time spent with each parent, as well as determining the division of the parties' property.

Burr J applied the principles regarding "unacceptable risk" as discussed in cases such as *M and M* and *Johnson and Page*. The court emphasised that the best interests of the child are paramount and that the focus should be on whether there is an unacceptable risk of harm, rather than necessarily making a definitive finding of past abuse on the balance of probabilities. The court considered the nature and degree of the risk, the potential consequences of sexual abuse, and the evidence presented, including the details of allegations, the effects on the children, and expert evidence. The court found that the children were at an unacceptable risk of abuse in the father's unsupervised care.

The court ordered that the mother's relocation application be refused and that the children be returned to Tasmania. The mother was granted sole parental responsibility, and the father was to spend supervised time with the children, with provisions for supervised contact and telephone communication. The court also made orders for the division of the parties' property, including the family home, and for the payment of legal fees. The mother was ordered to enrol the children in a Protective Behaviours Programme.