REDDIN & BICKETT

This matter concerned an interim hearing in the Family Court of Australia between the mother and father of two young children, aged six and four. The dispute arose following final orders made in April 2017, which established equal shared parental responsibility and provided for the children to live with the mother and spend regular time with the father. The mother alleged that one of the children had disclosed sexual abuse by the father. Investigations by medical practitioners and child protection authorities, including SAPOL, did not substantiate these allegations, with SAPOL noting concerns that the children's disclosures may have been coached by the mother. The mother sought to suspend the father's time with the children or, in the alternative, limit it to daytime contact, and also sought an injunction restraining the father from posting photographs of the children on social media. The father alleged the mother's behaviour constituted psychological and emotional abuse of the children and sought primary care or shared care arrangements.

The court was required to determine the preliminary assessment of risk to the children and whether the father's time with the children should resume. Additionally, the court considered whether costs should be awarded against the mother or her solicitor for costs thrown away. The central issue was balancing the welfare and best interests of the children in light of the serious allegations and the findings of the investigations.

The court reasoned that, based on the preliminary assessment of risk, the father's time with the children should resume. The court discharged an earlier order relating to the father's time with the children and made detailed orders for the resumption and progression of that time, commencing in February 2021 and gradually increasing. The court also granted an injunction restraining the mother from bringing the children into contact with a specific individual and from altering her hair in certain ways. Furthermore, the mother was ordered to facilitate the release of information from the children's school, kindergarten, and any treating professionals to the father. The court ordered that a family consultant prepare a family report addressing specific matters under the Family Law Act 1975, including the children's views and relevant welfare considerations, with a view to informing future orders.

The court ordered that the children resume spending time with the father in a phased manner, commencing from February 2021. Paragraph 7 of the final orders, as amended, was discharged. Handovers were to take place inside a specific police station unless they occurred at the children's school or kindergarten. An injunction was granted restraining the mother from specific contact with the children and from certain actions regarding her hair. The mother was ordered to authorise the release of information to the father from the children's educational and medical providers. The parties and children were ordered to attend upon a family consultant for a family report, with specific directions regarding its content and release.