ICL & Rowe and Anor 2014 FamCA 859

A mother considered that children aged 9 and 6 years had been exposed to sexual abuse by the father.

The parents agreed on a single expert witness to conduct a family report.  The expert concluded that the mother had projected her anxiety onto the children and that the mother held an ‘illusion of validity’ (credibility) about the sexual abuse.  The expert recommended an urgent change of residence so that the children were transferred from the care of the mother to the care of the father.

The judge accepted the recommendations of the expert and ordered that a change of residence occur immediately and without notice, as the risks to the children were both profoundly serious and potentially irreparable (unacceptable risk).