Thistle and Thistle (No. 2)

The Family Court of Australia considered parenting proceedings concerning a child, Y, aged nine. The applicant father, Mr Thistle, and the respondent mother, Ms Thistle, had reached consent orders regarding Y's living arrangements and time with the father. The Independent Children's Lawyer neither consented to nor opposed these orders. The proceedings were complicated by allegations made by the mother's elder daughter, J, that the father had sexually abused her, which the father vehemently denied.

The court was required to determine whether the proposed consent orders, which included a phased approach to supervised time between the father and Y, met Y's best interests. This involved balancing the benefit of Y having a meaningful relationship with her father against the need to protect her from potential harm, particularly in light of the serious, albeit untested, allegations concerning J. The court also considered the role and understanding of the father's partner, Ms C, who was to supervise Y's time with the father in later stages of the proposed orders.

Justice Kent noted that due to the trial not proceeding to conclusion, the court could not make definitive findings of fact regarding the allegations against the father. However, the court considered the evidence presented, including a sexual abuse risk assessment report by Dr M, which suggested a low recidivism risk for the father if the allegations were true. The mother's acceptance of the consent orders was influenced by this report and the need to balance Y's protection with her right to a relationship with her father, as discussed in the evidence of the family report writer. The court was satisfied, based on Ms C's evidence, that she understood her supervisory role.

The court made consent orders by agreement between the applicant father and respondent mother. These orders provided for the mother to have sole parental responsibility for Y, for Y to live with the mother, and for Y to spend time with the father under a phased supervision arrangement, progressing from a contact centre to supervision by Ms C. The court also included a "sunset clause" allowing the father liberty to apply to the court regarding supervision once Y turned 13. The court was satisfied that, in the circumstances, these orders met Y's best interests.