MOTHER SEEKS FOR THE RECOVERY OF HER CHILD
Kaleel & Maroun [2020] FCCA 2339 (29 July 2020)
This case involves an application for the recovery order of a child where there are allegations of violence by both the father and the mother.
Facts:
Mother filed an application for the recovery order in respect of the parties’ only child, X. Mother raises some very serious allegations of family violence against the father. The mother alleged that she has been verbally abused and physically not only by the father, but also by the paternal grandmother in the child’s presence.
The father on the other hand alleges that the mother is abusive and violent not only towards the him but also towards the child. Furthermore, he alleged that the mother pushed the paternal grandmother on 10 July 2020 as alleged by the father and the paternal grandmother.
Issue: May the mother recover her child from the father?
Law:
- 67V- In deciding whether to make a recovery order in relation to a child, a court must regard the best interest of the child as the paramount consideration.
Analysis:
It is in X’s best interest, at least in the interim period, that he live with the mother. Such an order will allow the restoration of the child/mother relationship that was in existence prior to 10 July 2020.
The risks which have been identified in the father’s case may be dealt with by injunctive orders preventing the mother from physically disciplining the child or permitting or allowing any third party from doing so. They can be dealt with by the child spending time with the father on a regular basis, and they can be dealt with by an order requiring the mother to obtain a mental health assessment.
Conclusion: X shall live with his mother and spend frequent time with father.