Simen and Simen (No. 2)

This case, heard in the Family Court of Australia, concerned interim orders regarding the welfare of two children. The mother alleged that the father had sexually abused the children, while the father admitted to a pornography addiction but denied any involvement with child pornography. The father sought supervised time with the children, which the mother opposed. A significant delay in the parties enrolling in a Children's Contact Centre, as previously ordered, was also noted.

The court was required to determine whether the father should spend supervised time with the children, considering the allegations of sexual abuse and the father's admitted pornography addiction. A further issue was whether the father should undergo a psychiatric or psychological assessment to address these concerns, particularly in light of the best interests of the children. The court also had to consider the implications of the delay in complying with previous orders regarding contact centre enrolment.

Justice Berman applied the paramount consideration of the best interests of the children. While acknowledging the mother's serious allegations and the father's admitted addiction, the court noted the surprisingly positive observed interaction between the father and the children. The court found it had jurisdiction to order a psychological assessment if it was ancillary to a parenting order. Consequently, the court ordered that the father would spend supervised time with the children at a Children's Contact Centre, conditional upon him undergoing a psychological or psychiatric assessment. This assessment was to specifically address his pornography addiction, its implications for his parenting capacity, any potential child protection issues, and whether there were any indicators suggesting a predisposition to child pornography. The cost of this assessment was to be borne by the father, and the assessor was to be nominated by the Independent Children's Lawyer. The court also continued an injunction restraining the mother from facilitating the children's involvement with therapists, except as ordered or agreed.