unacceptable risk

The mother of children aged 10 and 7 years was in her third long term relationship.  The first relationship commenced when she was aged 18 years and produced 3 children.  The second relationship commenced when the mother was...

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...

A judge found that the father’s text messages to the mother were derogatory, intimidating and threatening and constituted family violence against her and that the father must desist from this behaviour (emotional abuse).  The judge found that granting...

Children aged 9 and 7 years who were of Aboriginal and South Sea Islander heritage lived with their mother.  Both the paternal grandmother and her late husband had extensive involvement in the Indigenous and South Sea...

The father acknowledged that he had behaved towards the mother in a manner that was mean spirited and verbally abusive towards the mother at times, and that some of this behaviour had occurred in front of the children.  The father at...

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...

The mother was the primary attachment figure for four children aged between 4 and 9 years.  Allegations of physical and sexual abuse of the children were made against the mother’s new husband.  The children alleged that the step-father...

Four children had lived with their mother since separation and had recently recommenced spending time with their father.  The mother alleged significant and sustained physical and sexual abuse against both herself and the children but the father denied...

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...

The father of children aged 15 and 13 years alleged that his ex-partner’s new husband posed an unacceptable risk of sexual abuse as the new husband was on the sexual offenders register following an incident 7 years...

The case involved a child aged 3 years who lived with the mother and spent time with the father, where the parents had separated a year earlier.  The father alleged that the child was at risk...

The case involved three children, one aged 14 and twins aged 12 years.  The oldest child had brought a knife to a handover and threatened to kill the father with the knife, saying that the father...

  The case involved three children aged 8, 6 and 4 years.   The father alleged that the mother had over a long period of time before and after their separation threatened him and the children (family violence)....

Parents of children aged 9 and 4 years separated.  The father re-partnered.   Soon after the mother reported that the children exhibited increased anxiety and the mother withheld the children.  The mother demanded that the father participate...

A child aged 9 years with severe developmental delay had lived predominantly with the mother since separation and spent alternate weekends with the father.  The father requested increased contact after he remarried (re-partnered).  The mother then...

The child aged 7 years had been in the primary care of the mother until the child disclosed incidents of family violence that had been perpetrated by the mother’s partner in a new relationship.  The child...

The mother began an intimate relationship with her first partner when aged 16 years producing her first child (young parent).  When the relationship ended both parents were teenagers and both returned to live with their own...

Both parents sought primary residence of three children aged 8, 6 and 5 years.  A previous judge had made orders that the children live primarily with the father and live with the mother on some days....

A mother considered that children aged 9 and 6 years had been exposed to sexual abuse by the father. The parents agreed on a single expert witness to conduct a family report.  The expert concluded that...

A couple had been married for several years and had two daughter aged 7 and 3 years at the time of the hearing.  During one year the father’s own mother died and the father did not...

The case involved a mother who was reluctant to acknowledge that her older child was exposed to a sufficiently grave risk that the mother needed to choose between protecting her child and have a continuing relationship...

The case involved allegations that the father had participated in sexual abuse with children aged 7 and 6 years at the time of the hearing.  The parents separated after the mother expressed concern about the way the...

Parents had disputed custody of their child aged 10 years over 8 years, with 4 family reports having been obtained.  Both parents alleged that the child was at risk of harm while in the care of the...

Children aged 8 and 6 years lived with their mother after separation.  The mother and maternal grandparents refused to allow the children to spend time with their father despite orders to permit this.  The mother put...

The case involved siblings who were separated, as one child aged 12 years initially lived with the father while twins aged 9 years lived with the mother (sibling separation). An expert reported that the father exhibited...

The case involved two boys, C aged 8 and T aged 4 years.  Ms J was the mother of both boys, from different fathers Mr T and Mr C.  The boys lived with their maternal grandparents ...

Four children aged 13, 12, 7 and 5 years had lived with their mother and spent time with their father.  The father then informed police that he had explosives in his house, leading to a siege...

A couple cohabited for about ten years before separating, had two daughters aged 11 and 9 years at the time of the hearing, and had engaged in legal proceedings for 5 years after separation.  The father...

The case involved parents of two girls aged 11 and 10 years.  The mother had an older daughter aged 19 years from a different relationship.  The parents separated after the 19 year old girl reported that the...

The parents separated after 3 years of living together and had a daughter aged 6 years who had been living with her mother. When the child was aged 20 months the mother reported that the daughter...

Parents had 3 children aged between 9 and 13 years.  Both parents had health worker qualifications.  There had been conflict before the court for 6 years with 3 final orders having been issued over time.  Each...

A mother who had lived with the father in England appealed against an order requiring her to return to England with her two young children.  The mother reported that she had been subjected to verbal and...

Following their separation, a mother alleged that their child had been subject to sexual abuse by the father.  The child was aged 9 years at the time of later hearings. In an initial hearing the judge...

The case involved a couple who were together in a happy relationship for 18 years, with a daughter born two years into the marriage.   The wife subsequently became pregnant with twins, with one twin dying in...

A mother become ill and transferred care of her child to a maternal aunt and her husband.  The mother died the following year and the father lodged a claim for care of the child.  The aunt...

The case involved an appeal by a mother that a decision by a trial judge concerning an assessment of unacceptable risk of harm to a child from the father’s substance use was flawed. A child aged...

Parents separated and initially agreed about access arrangements for their child.  On four occasions the mother withheld the child from the father.  The mother then alleged that the father had sexually abused the child and this...

The trial judge ordered that the father have sole parental responsibility for a child, that the child live with the father and visit the mother at the discretion of the father.  The mother appealed the orders....

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...

A couple had three children aged 10, 9 and 8 years.  Interim orders had been made for the children to live with the father and to spend time with the mother.  When the case was reviewed...

The Family Law Act refers to ‘reasonable grounds to believe.’  The judge found that facts that provide reasonable grounds for a suspicion or belief do not lead to a positive finding of abuse or violence. Probability...

The Full Court ruled that in circumstances where abuse has occurred or where there is an unacceptable risk of abuse, access should be suspended until such time as the parent requesting access can show that there...

The case involved an appeal by a mother of a 6 year old girl against a ruling by a trial judge who found that the risk of sexual abuse did not pass the test of an...

A trial judge ordered a family assessment by an independent expert but ruled that counselling notes about the father not be provided to the expert.  The mother appealed, arguing that the father posed an unacceptable risk...

A couple had 4 children, KB aged 7 years, TG aged 3 years and twins WB and JB aged 9 months.  The mother had two older children who were on child protection orders and who lived...