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CHILD ALLEGES SEXUAL ABUSE AGAINST FATHER; COMPLAINT IS UNSUBSTANTIATED

MAGOLAN & CAFFERY

FEDERAL CIRCUIT COURT OF AUSTRALIA

[2020] FCCA 1445

 

This is a case with involves a five-year old child who alleged sexual abuse committed by the father.

FACTS:

X (the child) made disclosures Ms. Magolan (the mother) that Mr. Caffery (the father) asked her to touch his penis.  The matter was investigated by Territory Families, who found insufficient evidence to substantiate abuse.  It recommended for the father to organize someone within his family network to supervise future time with the child.

ISSUE:

Whether or not the case should be closed, as recommended by Territory Families.

HELD:

The allegation is serious and the child clearly identified the father.  However, the investigation has now been finalized.  There has been a recommendation that the case close.  However, the Court finds that the an allegation of sexual abuse is a serious one, which merits attention of a superior court.  The Court orders that the matter is transferred to the Family Court of Australia. 

 

 

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