Gallego & Mackweth 2015 FamCA 412
The father sought supervised time with children aged 9 and 6 years. The mother alleged family violence and asked that the father have no direct contact with the children. The children had witnessed an incident when the father entered the house and inflicted injuries on the mother. The children had given evidence against the father in criminal proceedings and expressed fear of the father (child’s wishes). The father was acquitted of charges. The father submitted that supervised visits with the children would assist the children to reduce their fears of him before a single expert witness made an assessment.
The children had been referred to a psychologist and were diagnosed with anxiety arising from their observations of incidents in the house. The psychologist’s notes were made available to the Court.
The judge noted that the father did not submit any expert evidence to support his case. The judge gave greater priority to the safety of the children and dismissed the father’s application (safety measures).