Tindall & Saldo

[2012] FamCA 1156

FAMILY COURT OF AUSTRALIA

TINDALL & SALDO [2012] FamCA 1156

FAMILY LAW – CHILDREN – Communication with child – risk of child being exposed to physical or psychological harm – benefit of the child maintaining contact with the father - where the Court ordered for the father to communicate with the child three times each year  for recognition and reassurance of the paternal relationship – orders provide for the mother to inspect all correspondence the father sends before passing that on to the child – orders provide for the mother to assist the child to write letters to the father three times a year if she so desires – where the father was convicted of several serious offences for which he is currently serving a custodial sentence of five years – where the father made cross-allegations that the mother had fabricated the incidents for which he was later convicted – where the mother wished for the child to have no contact and no relationship with the father – where the child had a positive relationship with the father – where the mother had protected the child from the truth about her father’s imprisonment and criminal convictions – where the child lives with the mother and spends no time with the father – where there were previous orders for supervised contact with the father – where there were prior contravention proceedings.

FAMILY LAW – EVIDENCE – Agreed facts - where the father had signed agreed facts in prior criminal proceedings as to his convictions – where the father denied he had ever committed the crimes set out in the agreed facts – where Court relied on the agreed facts and presumed the truth of the convictions for the purposes of the hearing pursuant to s 191of the Evidence Act 1995 (Cth).

FAMILY LAW – EVIDENCE – Adversarial expert evidence – where the mother sought to adduce her own adversarial psychiatric assessment –  where the Court found psychiatrist had not provided therapeutic treatment to the mother and evidence of the single appointed expert under Pt 15 of the Rules was to be preferred – where the adversarial expert admitted he may have come to a different conclusion if he had interviewed both parties – where Court’s single appointed expert had made adverse findings as to the credit of the mother’s allegations against the father – where the Court appointed expert subsequently reviewed his opinion based on his review of the agreed facts signed by the father and mother in criminal proceedings.

FAMILY LAW – EVIDENCE – Expert evidence – where the Court relied on the expert witness’s evidence as further indication of the mother’s express wish for the daughter to have nothing to do with the father – where the mother had sought to adduce further expert evidence without leave during trial without prior notice to the father.

Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)
Family Law Rules 2004, Pt 15

APPLICANT: Ms Tindall 

RESPONDENT: Mr Saldo

INDEPENDENT CHILDREN’S…