Fan & Napoli 2011 FMCAfam 761

The father of a girl aged 5 years who acknowledged frequently watching adult pornography was found to have 518 images of child pornography on his computer.  The images were rated using a COPINE scale that showed high levels of provocativeness on many images.  The mother applied for the father to have no contact with the child as she was concerned that the father was likely to groom the child for sexual activities.  No evidence was presented that sexual abuse had actually occurred.

The father’s therapist gave evidence.  The ICL expressed concern that the therapist had sanitised the clinical record to minimise harm to the father in case the records were subpoenaed.  The judge found that the therapist lacked the objectivity required to give expert evidence (expert evidence unsatisfactory).

Evidence was given that the mother had been referred for psychological therapy for anxiety, and that she experienced catastrophic thinking.

The judge found that the father did have an interest in child pornography, and that there was a risk of offending.  The judge ordered that supervised visits in the long term were problematic, and ordered that the father have no contact with the child.