B & J 2009 FamCAFC 103

Twin boys initially lived with their mother and spent time with their father.  The mother alleged that the father has exposed the boys to sexual abuse, leading to his contact being supervised.  The father appealed but was unsuccessful as the judge accepted that the mother was a reliable witness (credit) and medical evidence had been submitted that supported the mother’s concerns.   The mother reported that the boys were difficult, demanding, wearing and incredibly stressful for her, and this was explained by abuse from the father.

The mother subsequently relocated inter-state with the boys, changed their names and falsified papers to enrol them at school.  The father argued that new evidence had arisen about the mother’s mental state showing changed circumstances and the father sought a re-hearing that was granted.  A psychiatrist gave evidence that the mother held a strong belief that influenced her behaviour, leading her to distort reality, and that the mother held her views with such great conviction that she could not be reasoned with.  An assessing clinical psychologist described this as a delusional disorder.  The judge who conducted the re-hearing issued new orders for the children to live with the father and to have supervised access with the mother. The mother appealed against the change of orders but her appeal was dismissed.