WILLEMSEN & WILLEMSEN
Case
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[2017] FamCA 1087
•21 December 2017
Details
AGLC
Case
Decision Date
WILLEMSEN & WILLEMSEN [2017] FamCA 1087
[2017] FamCA 1087
21 December 2017
CaseChat Overview and Summary
In the matter of *Willemsen & Willemsen*, the father applied to the court for a variation of interim parenting orders concerning his four-year-old child, B. The dispute arose in the context of allegations that the father had sexually abused the child. The father sought to reconfigure the time B spent with him and to specify who could supervise these periods of contact.
The court was required to determine whether the father's proposed variations to the interim parenting orders were in the best interests of the child, B. This involved considering the existing allegations of sexual abuse and the implications for the nature and supervision of the father's time with B. The court also had to consider the mother's application to restrict the location of the child's time with the father.
Watts J found that it was in B's best interests to make orders as sought by the father. The court varied the existing orders to allow B to spend time with her father each Tuesday from 3:30 pm to 6:30 pm and each Saturday from 10:00 am to 4:00 pm. This time was to be supervised by one of three named individuals or, if they were unavailable, by F Group. The father was ordered to provide the mother with reasonable notice of who would be supervising and to provide a schedule for F Group's supervision. The mother's application to prevent contact at the father's home was dismissed. Importantly, the court noted that existing restrictions imposed by Johnston J on 14 March 2016 remained in place, including prohibitions on the father being present during toileting, undressing, or showering, and restrictions on whispering to the child or speaking in a way not audible to the supervisor.
The court was required to determine whether the father's proposed variations to the interim parenting orders were in the best interests of the child, B. This involved considering the existing allegations of sexual abuse and the implications for the nature and supervision of the father's time with B. The court also had to consider the mother's application to restrict the location of the child's time with the father.
Watts J found that it was in B's best interests to make orders as sought by the father. The court varied the existing orders to allow B to spend time with her father each Tuesday from 3:30 pm to 6:30 pm and each Saturday from 10:00 am to 4:00 pm. This time was to be supervised by one of three named individuals or, if they were unavailable, by F Group. The father was ordered to provide the mother with reasonable notice of who would be supervising and to provide a schedule for F Group's supervision. The mother's application to prevent contact at the father's home was dismissed. Importantly, the court noted that existing restrictions imposed by Johnston J on 14 March 2016 remained in place, including prohibitions on the father being present during toileting, undressing, or showering, and restrictions on whispering to the child or speaking in a way not audible to the supervisor.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
WILLEMSEN & WILLEMSEN [2017] FamCA 1087
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