Pilimatalava and Seneviratne

The Family Court of Australia considered a dispute between Ms Pilimatalava (the mother) and Mr Seneviratne (the father) concerning parenting orders for their child. The central issue revolved around the extent of time, if any, the child should spend with the father, following the child's disclosure of alleged sexual abuse by the father. The court was tasked with determining appropriate orders that balanced the child's need for protection from psychological harm with the importance of maintaining a meaningful relationship with the father.

The court was required to determine whether the allegations of sexual abuse were substantiated and, consequently, what level of risk was posed to the child by spending time with the father. It also needed to consider the child's expressed views regarding contact with the father, which were not influenced by the mother, and the father's insight into the child's emotional needs. The court's ultimate task was to craft orders that minimised any unacceptable risk of harm to the child while addressing the complex family dynamics.

In its reasoning, the court noted that the evidence did not substantiate the allegations of sexual abuse, nor did it definitively prove that the abuse did not occur. Applying the principles from *Briginshaw v Briginshaw*, the court found that the evidence did not reach the required standard to make a positive finding of abuse. However, the court also recognised the father's lack of insight into the child's emotional needs and the child's expressed wish not to spend time with the father. Balancing these factors, the court concluded that orders were necessary to minimise the unacceptable risk of harm to the child.

The court ordered that the mother have sole parental responsibility for the child. It also established a gradually increasing program of time for the child to spend with the father, commencing with indirect contact and progressing to supervised face-to-face contact in public places, with the ultimate aim of increasing the duration and frequency of contact over time. The court also dispensed with the father's consent for the child's passport and granted the mother liberty to travel overseas with the child, subject to notification requirements.