THAM & ONG

In the Family Court of Australia, the mother sought final orders concerning her child, following earlier consent orders that granted her sole parental responsibility and stipulated the child live with her. The central dispute revolved around whether the child should spend any time with the father, given allegations of sexual abuse by a paternal uncle during time spent with the father. The mother contended that the father posed an unacceptable risk to the child by potentially bringing them into contact with the uncle, while the father maintained the uncle's innocence and thus no risk.

The court was required to determine whether the father posed an unacceptable risk of harm to the child, specifically by exposing the child to the paternal uncle, and to consider the father's capacity to meet the child's emotional needs. The court also had to assess the credibility of the allegations of sexual abuse and the father's assertions regarding the uncle's conduct.

Hannam J found that the court could not be satisfied that the paternal uncle had not sexually abused the child, concluding there was an unacceptable risk of such abuse. This risk, coupled with significant concerns about the father's capacity to provide for the child's emotional needs, led the court to find that the father posed an unacceptable risk. Consequently, the court made orders as sought by the mother and supported by the Independent Children's Lawyer, that the child spend no time with or have any communication with the father.