Short & Trevilian (No. 6)

In interim family law proceedings before Justice Dawe, the court considered applications concerning the living arrangements and time spent with a child, S, born in July 1992. The proceedings involved allegations of inappropriate sexual conduct by the father towards the eldest child, which the child strongly denied. The court also noted the absence of a meaningful relationship between S and the mother, and the father's ongoing inability to comply with previous court orders.

The central legal issues before the court were whether it was appropriate for S to reside with the father, given the serious allegations and the father's non-compliance with orders, and the potential risk of emotional harm to S if removed from her current environment. The court was required to weigh these competing risks in determining interim arrangements, while acknowledging that no definitive findings on credit or the existence of an unacceptable risk to children could be made at this interim stage, with evidence to be fully tested at trial.

The court reasoned that it was inappropriate for S to reside with the father. Consequently, during the period of adjournment, S was to be enrolled as a boarder at R College, the school she attends, and reside there. The father was ordered to take all necessary steps to ensure S's attendance at the college, and the parties were to share the boarding fees equally. Furthermore, the father was restrained from having any contact with S except under the supervision of R College staff, and from spending overnight time where S was sleeping or residing. Other orders addressed the provision of assessment materials, the confidentiality of court documents, and specific conditions for the father's limited participation in organised functions and S's music lessons.