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).