Wang and Dennison

This case involved an application by Ms Wang against Mr Dennison concerning parenting orders for their two daughters, born in 1998 and 2000. The parties had cohabited from 1997 until approximately May 2003. Despite existing orders for the father to have contact with the children, he had not seen them since July 2005. The mother had sought to suspend these orders pending an investigation by the Department of Human Services due to allegations of physical and emotional abuse by the father. The matter came before Bennett J in the Family Court of Australia at Melbourne.

The central legal issues before the court were whether to order the preparation of a Family Report to assist in determining parenting arrangements, and when the matter should be listed for further hearing. The court was required to consider the serious allegations of abuse made by the elder daughter, corroborated to some extent by the younger daughter, and the fact that the father was facing criminal charges for sexual, physical, and emotional abuse. The court also had to weigh the importance of the children maintaining a relationship with their father against the paramount need to protect them from harm.

Bennett J reasoned that given the gravity of the allegations and the pending criminal trial, an interim application for contact, even at a contact centre, was unlikely to be successful as it could still expose the children to emotional harm. The judge noted that an examination of the matters on an interim basis would be akin to a final determination, which was not appropriate without a full hearing. The court considered the Department of Human Services report, which indicated consistent disclosures of abuse by the elder daughter and corroboration from the younger daughter regarding physical and emotional harm. The report also noted the elder daughter's expressed fear of her father and the opinion of her counsellor that she was truthful and not unduly influenced by her mother.

Consequently, Bennett J ordered that pursuant to section 62G(2) of the *Family Law Act 1975*, the parties and the children attend upon a Family Consultant nominated by the Director of Child Dispute Services for the preparation of a Family Report, to be released by 20 November 2007. The parties were directed to comply with all reasonable directions of the Family Consultant. The matter was then adjourned to a Trial Notice Listing with the Magellan Registrar on 28 November 2007 at 9:30 am for further case management.