VAUGHAN & VAUGHAN (No.2)

This matter concerned applications by both parents regarding the parenting of their three children, following final orders made on 11 December 2015. The Department of Health and Human Services had issued a protection application shortly after those orders, based on allegations of sexual abuse by the Mother against two of the children. These allegations were known to the Mother prior to the initial hearing but were not disclosed to the Court. The Department discontinued its proceedings in the Children's Court and intervened in the present proceedings. The Mother sought sole parental responsibility and a twelve-month suspension of the Father's time with the children, while the Father sought sole parental responsibility and supervised time for the Mother.

The Court was required to determine the best interests of the children in light of the serious allegations made against the Mother and the subsequent intervention by the Department. Specifically, the Court had to consider whether to grant sole parental responsibility to either parent and what form of contact, if any, the Mother should have with the children, given the concerns for their safety and well-being. The Court also needed to address the ongoing therapeutic needs of the parents and the children.

The Court reasoned that the welfare of the children necessitated a significant alteration to the existing parenting orders. Applying principles of child welfare, the Court found it necessary to grant the Father sole parental responsibility and order that the children live with him. The Mother's time with the children was to be supervised by a person approved by the Independent Children's Lawyer, ensuring her presence was in the company of a responsible adult. Furthermore, the Court ordered both parents to engage in family therapy to address issues relating to their future parenting, communication, and the management of any potential disclosures by the children. The Mother was also directed to continue with her psychiatric treatment.

The Court ordered that all previous parenting orders be discharged. The Father was granted sole parental responsibility for the three children, and they were to live with him. The Mother's time with the children was to be supervised by an agreed-upon person who would remain in substantial attendance. Both parents were ordered to attend therapy with a family therapist to address various parenting issues. The Mother was also restrained from seeking unsupervised or increased time with the children for at least twelve months, subject to a psychiatric report.