Wang & Dennison

In this matter before Bennett J, the dispute concerned parenting orders for two children, S and N. The proceedings involved allegations of child abuse, with the court making findings of no unacceptable risk. Crucially, the mother was found to have made false allegations amounting to emotional abuse of the children, and the family violence in the matter was found to have been instigated by the mother.

The court was required to determine the interim living and spending time arrangements for the children, considering the allegations of child abuse and family violence. A key issue was whether the children should spend time with their siblings, who were related to the father and aligned with him. The court also had to consider the emotional needs of the children, acknowledging that final parenting orders were not appropriate at this stage due to a lack of information regarding these needs.

Bennett J reasoned that it was not in the children's best interests to make final parenting orders without further expert evidence regarding their emotional needs. The court made interim orders for the children to continue living with the mother. However, with a view to the children recommencing spending time with their father and siblings, the court ordered that the parents and children undergo counselling. The court also ordered that the children spend time and communicate with the father as directed by a counsellor, and that the siblings also be involved in counselling to the extent deemed appropriate by the appointed counsellor. The issue of specific parenting orders for the children to live or spend time with the father was reserved for a further hearing.