MOTHER WITHHOLDS CHILD’S TIME WITH THE FATHER SINCE CHRISTMAS DUE TO CRIMINAL CHARGES AND ALLEGATION OF VIOLENCE AGAINST HIM
Belkin & Ming [2020] FCCA 3538 (23 December 2020)
This is an interim parenting proceeding where the father seeks that his child live with him while the mother seeks that the child must only spend unsupervised time with the father because of the criminal charges and allegations of violence against the latter
Facts:
This Interim Hearing is related to the Child, X, born in 2017. The Father alleges that he has not spent time with the Child since 25 December 2019.
The mother, as proposed by the ICL, seeks that the Child spend supervised time with the Father through B Contact Centre, or another supervisor agreed by the parties and the ICL and that the supervised time should be for three hours per week. The Father seeks that the Child lives with him and that the Child shall only spend time with the Mother.
The Mother’s solicitors wrote to the Father stating their understanding that there were currently criminal charges against the Father in relation to domestic violence issues also including firearm offences. The letter states, that under the circumstances, the Mother will be required to go outside the existing Orders that the Child spend time with the Father “until and at least the matter has been fully disclosed.” In the Father’s letter to the Mother’s solicitors, he denies the Mother’s allegations and maintains his innocence.
The Mother told the Family Report writer that the Father is a very angry man who can go from 0 to 100 very quickly. She alleged that the Father became physically violent only a few times, however, would smash or break or throw things. She alleged that her other Child M had heard the commotion of alleged family violence allegedly perpetrated by the Father against the Mother and had later revealed, in counselling, his distress on that occasion. The Mother expressed her concern about the Father’s allegedly poorly controlled anger and his hatred of her.
Issue: Should the child spend supervised time with the father?
Law:
- Family Law Act 1975 SS.60B, 60CA, 60CC, 61DA, 65D, 65DAA.
Analysis:
Taking into account the Court’s concern, the Mother’s allegations that the Father has an anger problem and, by inference, suffers bouts of emotional dysregulation, assumes greater importance. It is relevant in this context that the Mother has alleged that the Father has perpetrated family violence in the presence or near hearing of a Child.
The Court does hold concerns in relation to the Mother’s family violence allegations against the Father. Elaborating upon these concerns, in relation to the Child, the Court has a concern that the Father may exhibit anger in the presence of the Child, and/or may become involved in physical or verbal disputation with a third person, such as a female partner, in the presence of the Child. To minimise the risk of the Child being exposed to such happenings, and again taking into account the views of the Family Report writer, the Child should initially spend supervised time with the Father.
Conclusion: Court orders that X, shall spend time with the Father supervised by “B Contact Centre”, or another supervisor agreed by the parties and the Independent Children’s Lawyer in writing.
