Everett and Ors & Upton 2015 FamCA 704

The judge found that there was an unacceptable risk to children aged 15, 12 and 9 years due to a range of factors.  The father had been convicted of aggravated indecent assault of a child of the mother from a previous marriage, but this conviction had been overturned on appeal.

The judge refused to admit an affidavit and report by a psychologist. The father had, without the leave of the Court, provided copies of two reports of the single expert to the psychologist and had apparently invited the psychologist to provide a critique of reports by the single expert.  The psychologist went further and made recommendations about the ultimate issue without having interviewed other parties (expert evidence unsatisfactory).

The judge ordered that the children attend protective behaviours counselling (therapy for child).