CHILD DOES NOT WANT TO RETURN TO MOTHER BECAUSE HE DID NOT FEEL SAFE LIVING WITH HER
Andreadis & Andreadis [2020] FCCA 3600 (22 December 2020)
This is an application for recovery filed by the mother since the father refused to return the child to the mother due to the allegations that the child told the father he did not feel safe living with the mother.
Facts:
This is an application concerning a child X who is nine years old. The application is essentially an application for a recovery order on the basis that the father, without proper reason, had refused to return the child.
The father, in his responding affidavit, alleges that what precipitated refusing to return the child was not so much the mother's threats of harm, but the fact that the child told him that he does not feel safe at the mother's home and did not want to return to live with his mother.
According to the father, the child referred to an altercation that had occurred at the mother's home involving a male known as Mr C. The child told him that he was scared of Mr C.
There are other allegations such as that the child is left at home unattended and that the child is not properly fed and the mother speaks to the child in a derogatory manner which was consistent with the text messages presented in court.
Issue: Should the child be returned to the mother?
Held:
The court is satisfied that there are questions to be answered in this case that cannot be dealt with on an interim basis. There is no allegation, that the child is at risk of harm in the father's care and the court is satisfied that at this stage there is an unacceptable risk of harm in ordering the child's return to his mother and the court does not propose to make that order today.
Conclusion: The court orders that X live with the father and spend time with the mother at the paternal aunt’s home in Suburb B on times as agreed between the parties.
