VESEY & LYGON

In the Family Court of Australia, Carew J considered the welfare of three children, B (born 2002), C (born 2006), and D (born 2014), in proceedings involving their parents, Ms Lygon (the mother) and Mr Vesey (the father). The dispute concerned the significant harm the children had already suffered due to the actions of both parents, and the unacceptable risk of future harm, including sexual abuse, physical abuse, psychological abuse, exposure to family violence, and neglect, posed by each parent.

The court was required to determine the extent of harm already suffered by the children and the nature and source of the unacceptable risk of future harm to them. Specifically, the court needed to assess whether the mother posed an unacceptable risk of future harm to all three children, and whether the father posed an unacceptable risk of future harm to B and C.

Carew J found that B, C, and D had suffered significant detrimental harm to their physical, psychological, and emotional wellbeing due to the actions of their parents. The court further determined that there was an unacceptable risk of future harm to B, C, and D from the mother, and an unacceptable risk of future harm to B and C from the father. Applying principles of child protection, the court ordered the discharge of all previous parenting orders. Pending the removal of the children from the mother, the father was restrained from removing them or spending time with them except as organised by the Department of Communities, Child Safety and Disability Services (Qld), with supervised time to occur in the interim. The mother was also restrained from changing the children's residence or removing B and C from their respective schools. The independent children's lawyer was discharged.