TEMPLE & DOBOROVIC

This case concerned allegations of sexual abuse of a child by the father, and allegations of family violence by the father towards the mother and children. The court was required to determine whether the father had sexually abused the child or posed an unacceptable risk of harm to the child, and whether the father's alleged conduct constituted family violence. The court also considered the best interests of the child in determining parenting orders, particularly in light of a high level of conflict between the parents and the mother's alleged actions in alienating the child from the father.

The court was required to determine the parenting arrangements for the child, including issues of parental responsibility and the time the child would spend with each parent. Specifically, the court had to consider the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975*, and whether it applied given the allegations of family violence. The court also had to assess the mother's behaviour, including her alleged involvement of the child in adult conflict and her attempts to instil fear of the father in the child, and its detrimental impact on the child's development.

Strickland J found that the court was not satisfied that the father had sexually abused the child or that there was an unacceptable risk of harm to the child from the father. The court also found that the alleged incidents of family violence were isolated and did not display a pattern of behaviour, and therefore did not constitute an unacceptable risk of harm to the child. The court noted the high level of conflict between the parties and the detrimental impact of the mother's behaviour on the child's relationship with the father. The court determined that equal shared parental responsibility was necessary, as both parties needed to participate in long-term decisions affecting the child.

The court ordered that the child live with the mother and spend substantial and significant time with the father. The court also made orders for equal shared parental responsibility, discharged previous orders, and granted injunctions restraining the mother from discussing sexual abuse allegations with the child and from taking the child to certain health professionals without the father's consent. The mother was also restrained, along with the father, from denigrating the other party or their family members in the presence of the child. The mother was ordered to commence counselling.