WHITBY & WHITBY

This matter concerned the welfare of a child, with the father, Mr Whitby, raising concerns about the child's safety and well-being in the care of the mother and her partner, Mr H. The court was required to assess the risk of harm to the child and the credibility of the allegations made by the father.

The primary legal issues before the court were whether the child was at risk of physical harm from the mother's partner, Mr H, and whether the father's actions in reporting concerns to the Departmental Officers were justified. The court also had to consider the impact of the father's reporting on the child.

The court accepted the evidence of the mother and Mr H regarding a fingernail incident, finding that it occurred as described by Mr H and that the child suffered no lasting adverse consequences. The court was satisfied that the child was not at risk of physical harm from Mr H. The court noted that the father's reaction to the incident, which led to departmental investigation, was more indicative of his attitude towards the mother and her household than of any actual risk to the child. The court found that the father's lack of recall about the incident likely caused confusion for the child and that the father was likely to instigate further unnecessary departmental investigations in the future due to his belief that the child was at risk in the mother's care.