Nikolakis & Nikolakis 2010 FamCAFC 52

A judge found that a father posed an unacceptable risk of abuse of his four children aged between 14 and 7 years, both emotionally and sexually.  The judge ordered that the children live with the mother who was granted sole parental responsibility, and the mother was authorised to re-locate.  The father was granted four supervised visits per year.  The father appealed the orders.

Police had previously investigated a complaint by a 16 year old girl that the father had sexually abused her, but no charges were laid.  Later the father was charged and convicted of indecent assault against a 7 year old girl but the conviction was overturned on appeal.  In both incidents the father had been caring for the children, and there was an indication that the girls might have been given a medication that produced sleepiness, as one girl was found to have benzodiazepine in her blood after the incident.  The mother alleged that the father had been able to persuade the children to keep secrets from her, including that the father had commenced a new relationship and had taken the children with him to the house where the relationship occurred.  The judge found that the father had been dishonest in his dealings with other people and with the Court (credibility).

The father’s appeal was dismissed.