SHARWIN & WELDEE

This case involved an application before the Family Court of Australia concerning parenting orders for a child, B, born in December 2004. The dispute arose between the child's parents, Ms. Sharwin (the applicant mother) and Mr. Weldee (the respondent father). The mother had previously suspended the child's time with the father, alleging child sexual abuse. Following interim supervised contact orders, the court was tasked with determining final parenting arrangements.

The primary legal issues before the court were whether the mother should have sole parental responsibility for the child, with whom the child should live, and the extent and nature of the child's time with the father. Crucially, the court had to consider the meaning of "unacceptable risk" in the context of child sexual abuse allegations and the relevant standard of proof. The court also had to determine whether it was appropriate for the father to spend unsupervised time with the child, and if so, with which child, given the allegations.

Stevenson J determined that the mother should have sole parental responsibility for the child, with the child to live with her. This decision was made in light of counsel for the mother conceding that the evidence did not support a finding of an unacceptable risk of sexual abuse by the father. The court ordered that the child spend time with the father on specific dates and alternate weekends, as well as during school holidays, and have telephone contact. The mother was restrained from seeking therapy for the child on the basis of him being a victim of sexual abuse.