balance of probabilities

A mother held a genuine strong belief that the father had sexually abused his stepdaughter (the mother’s daughter) when aged 13 years, but the father had been found not guilty in criminal proceedings.   The father had two children aged 7 and...

The case involved five children who had been placed on the Magellan list due to allegations of sexual abuse and family violence.  The father had a considerable criminal record and had a demonstrated predilection towards having sexual relationships...

A father withheld children from contact with the mother on 3 occasions, citing reasonable excuses.   The mother alleged the contraventions were serious and posed a physical and emotional risk to the children by virtue of the contraventions precipitating...

A 2 year old boy lived with his mother and spent time with his father.  The father sought an order by complaining that the mother had failed to arrange for the son to be present at a...

The father had arrived in Australia on a visitor’s visa and sought a visa for permanent residency.  The father had been in relationships with two women (Ms A & Ms D) within a 2 year period and...

The judge quoted from a previous case, “The balance of probabilities standard means that a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event is more...

The High Court ruled, “…it is a mistake to think that the Family Court is under the same duty to resolve in a definitive way the disputed allegation of sexual abuse as a court exercising criminal...