MOTHER ASKS FOR COURT’S ORDER TO SUSPENDED THE CHILD’S TIME WITH FATHER
Shelburn & Beazley [2020] FCCA 3502 (23 December 2020)
This case involves the mother asking for an order that the father’s time with the child be suspended due to the alleged abuse committed by the father to the child.
Facts:
These are parenting proceedings in respect of a child, X born in 2015 (aged five years). The mother asks for an order that time for X with the father be suspended/reserved.
The mother argues that X has been subjected to sexual abuse in the care of the father and/or physical abuse evidenced by returning to her with bruises and/or that the father does not have the capacity to care for X and causes harm or risk of harm to her physical, psychological and emotional health. Specifically, the mother argues that X returned to her in February 2020 with bruises to her ear and her cheek and without satisfactory explanation from the father.
The mother says that from April 2020 X's behaviour has deteriorated as has her emotional health. She was refusing to attend school. She was soiling herself. She became frightened of the dark and would not sleep in her own bed. She mentioned being scared of 'monsters'. She was becoming distressed during overnight time spent at the father's home. X was insisting that the mother watch her take her toilet and wash her private areas. The mother says that X has made statements regarding a form of assault by a 'monster' which the mother interprets as being possible sexual assault of the child and the father's care.
The mother unilaterally stopped X's time with the father in July 2020 that X has improved in each of the matters of concern set out above.
The father denies the allegations made by the mother and says she makes such allegations out of self-interest. The father argues that the mother's refusals to allow X to attend in compliance with Court orders are now frequent and that they will continue unless the mother receives therapeutic assistance and that, at least during this period, X move to live primarily with the father.
Issue: Should the father’s time with X be suspended?
Law:
- Family Law Act 1975 60B, 60CA, 60CC(2), (3)
Analysis:
No. The mother makes numerous and serious allegations in respect of the father ranging from possible sexual abuse of X to his general capacity and issues of hygiene.
Following the most recent withholding, X has been interviewed by Tasmania police in August 2020 and referred by the mother to the Sexual Assault Support service on 16 August 2020. X made no disclosures to either authority. Child Safety services have also investigated the mother's allegations and have found them to be unsubstantiated but with evidence, to the contrary, of suspicion of potential emotional abuse of X due to 'conflict between her parents'.
On the evidence before the court, albeit only at this interim stage, the court is not able to make findings as asserted by the mother that X suffers an unacceptable risk being in the care of the father. There are authorities charged with investigating allegations of abuse namely Tasmania Police, Child Sexual Assault, and Child Safety. There is no corroborating evidence from any of those investigations.
Conclusion: The Court orders that the final parenting orders made on 30 April 2019 remain in full force and effect.
