FATHER CLAIMS MOTHER IS A RISK TO CHILDREN, SEEKS TO REDUCE TIME FROM 50/50 TO ALTERNATE WEEKENDS ONLY FOR MOTHER

Reines & Reines [2020] FCCA 3177 (6 August 2020)

This case is an application for interim parenting arrangements where the father seeks to have retained care over the children due to the fact that children are allegedly at risk of physical and emotional harm in the mother’s care.

Facts:

Since July 2019, there have been what is commonly called a shared care regime, or equal time regime, in respect of X. However, the father alleged that the mother had caused both children to suffer serious psychological harm as a result of the mother exposing the children to family violence and making repeated threats to commit suicide in the presence of the children. On that basis, it was the father’s position that the children were at risk of suffering serious psychological harm.

The mother alleged that the father was, really, engaged in a tactical and opportunistic tit for tat attack on her, which caused him to exaggerate the difficulties in her household in order, by necessary implication, to reduce her relationship with the children.

Significantly, child X described being physically assaulted by Ms Reines, including being slapped across the face on multiple occasions. The child acknowledged that her behaviour contributed to aspects of the conflict, but that her mother had slapped her.

It is the effect of the mother’s case that she has behaved inappropriately, but that was not without its extenuating circumstances, that there were pressures in her household at the time the crisis erupted, including the pandemic and illness generally, and the pressures of a 13 year old child, who was behaving in an oppositional and unacceptable fashion.

On the other hand, it is the father’s position that she has no insight at all into the consequences of her behaviour and she continues to represent a threat to the children concerned. 

Issue: Should the father have retained care over the children?

Law:

• Family Law Act 1975 ss.60CC, 67Z

Analysis:

The court’s function is to resolve disputes as best it can according to the principles of the Family Law Act.   The court endeavoured to do what it thinks is best for X and Y. On that basis, the court will make the orders which the father proposes.

Conclusion: Court orders that X and Y shall live with mother from 9.00am on Saturday until 5.30pm on Sunday each alternate weekend, commencing Saturday 8 August 2020 and with the father at all other times, save and except as provided for herein or as otherwise ordered. The court also orders that Until further or other order, on a without admission basis, the mother be restrained and an injunction granted restraining the mother from physically disciplining the children.

#parenting