MOTHER DOES NOT WANT HER CHILDREN NEAR THEIR ABUSIVE FATHER
Mercer & Hatfield [2021] FCCA 593 (4 March 2021)
This is a parenting dispute where the mother proposes that the children should spend no time with the father alleging that the father perpetrated severe family violence during the relationship and has a lengthy criminal record
Facts:
This is a parenting application filed by the mother. She sought orders that the children, who are X (who is seven) and Y (who is six), live with her, that she have sole parental responsibility, and that the father spends no time with and have no communication with the children.
The father filed a response in which he sought parenting orders which would mean that he had involvement in the children's lives.
No interim orders were made about the father spending time with the children because of the nature and extent of the allegations about family violence, drug use and mental health issues.
The mother reports experiencing family violence perpetrated by the father in the form of psychological abuse (e.g. name-calling, being yelled at, constant taunts, being kept awake for 4 nights, controlling behaviors (e.g. stopped her from seeing friends, restricted her access to money, his “obsessiveness” of her), physical abuse (e.g. pushing, slapping, punching, choking) and use of physical force (e.g. flipping a table on her, smashing a car in).
Another specific incident referred to in the case outline document was an occasion when the father lost his temper in the car and was screaming at X and threw duct tape which hit the child between the eyes. He then threatened that he would rearrange the mother’s face and that she would be better off dead if she even thought about taking the child to the hospital for treatment for his injuries.
There are other concerns about the father and one is that he has an extensive criminal record. Some of these offenses include resist or hinder Police Officer in the execution of duty, common assault, use offensive language in a public place, behave in offensive manner in a public place, stalk or intimidate with intent to cause fear or physical harm, an act of aggravated cruelty upon an animal and a number of transport-related offenses.
Issue: Should the father have an involvement with the children’s lives?
Law:
Analysis:
The only orders the court can make are the orders sought by the mother. On the mother’s evidence, the father has been physically abusive to the children. It isn’t just the duct tape incident, there are other reports by the children of this sort of behavior. He has no compunction about lashing out and being violent and threatening. The children could be physically harmed in his care. Even if they weren't physically harmed, they could be terrified and psychologically harmed. They could grow up to be exactly the same kind of parents to their children that the father has grown up to be. There are no circumstances in which the children should be spending time with their father.
It is very sad for children not to have a relationship with their father. However, it is not safe for them to have a relationship with him.
Conclusion: The Court orders that the children shall live with the mother and shall spend no time with or communicate with the father.
