Bampton & Kernick [2021] FCCA 1224 (15 April 2021)
The father requests to spend time with his daughter who made allegations of physical and sexual abuse against the father. Despite the court's non-finding of the truth of the allegations, it still ordered for the child to spend no time and communication with the father in consideration of the child's best interests.
Facts:
In 2013, a hearing was held concerning the father of Y's request to spend time with the latter as well as her brothers X and Z who were her mother's children but not her father's. When spend time was granted for Y and she spent time with her father, she made disclosures about her father allegedly perpetrating physical and sexual abuse which the latter denied and was uncharged for by the police. In 2019, an ADVO was made prohibiting the father from assaulting or intimidating Y. After some time of ceased contact, the father sought orders finding severe parental alienation and abuse against the mother who he alleges to have trained Y to make a false report to the police. The father alleges that it was a scheme to deflect from the fact that the mother was allowing Y to have a sexual relationship with her boyfriend.
Issue:
Whether or not an order should be made for the child to spend time with her father or for her to live with him.
Applicable law:
Family Law Act 1975 (Cth), ss.60CA, 60CC, 61DA - orders of the court must be made by treating the best interests of the child as the paramount consideration.
Analysis:
Y is happy and settled with her mother in Town B despite not having spent any time with her father, asserting that she does not have a relationship with or any communication with her father. Considering the aftermath of her disclosure, it would not be in Y's best interest to live with her father as the latter's correspondences with her after her allegations caused her great distress.
Conclusion:
The court ordered all the previous orders discharged. The mother is declared to have sole parental responsibility of the child who shall live with the mother and spend no time and have no communication with the father unless the child expresses a wish to do so.
