Thoma and Wykes

In the Family Court of Australia at Melbourne, Justice Brown presided over proceedings between Mr Wykes (Husband) and Ms Thoma (Wife), with an independent children's lawyer appointed to represent the interests of their daughter, R. The dispute concerned parenting orders, with the mother seeking to suspend contact between R and the father and alleging sexual abuse, while the father sought to reinstate previous contact orders.

The court was required to determine several legal issues, including whether to order a family report, the terms of that report, and whether R should attend further sessions with CASA. The court also considered the necessity of a psycho-sexual assessment of the father and the appropriate procedural steps to advance the matter towards trial, balancing the need to protect R from potential abuse with the importance of maintaining a meaningful relationship with her father.

Justice Brown reasoned that a family report was necessary to assist in determining R's best interests and ordered its preparation, allowing for multiple observations of the father with R at the family consultant's discretion. The court also ordered the father to undergo a psycho-sexual assessment, with costs to be borne by him, and directed that a copy of this report be provided to the family consultant. The court declined to order further sessions with CASA at that time, finding insufficient evidence to justify the intervention given R's previous lack of disclosure and the potential for further delay. The matter was adjourned for a trial listing.