Family Court of Australia emblem
1: Thornton & Thornton [2015] FamCA 92 |
Court or Tribunal: 
Catchwords: Allegations of Child Abuse, False Allegations of Child Abuse, Recorded conversations, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Murphy J


Background: The parents of two girls, aged 10 and 6, engaged in failed financial negotiations after separation. Soon after these negotiations, the mother raised allegations of child sexual abuse by the father against their two female children. The children were medically examined but were found to have no physical indications of sexual abuse. The children were also found to have made inconsistent statements to police, family members and carers. The children also made conflicting statements as to their desire to see their father.  
 
  [Legal Issue]Where the mother alleges that the father had engaged in sexual misconduct against their two female children – Where relevant rules of evidence are excluded pursuant to s 69ZT of the Act – Where expertise need not be established as a result – Where the trial judge holds that the appropriate qualifications, training or experience of an expert is a significant factor in the attribution of weight. Where the evidence is insufficient to establish the risk as unacceptable.    [Court Orders]The mother has been handed sole parental responsibility for the girls. The father will be allowed to spend unsupervised time with the girls, aged 10 and 6, for up to half of each school holiday period, but the mother will make all major decisions about the girls. The Judge explained that the Sole Parental Responsibility Orders were to avoid conflict between the parents.      


 ] Download Decision

Court or Tribunal: 
Catchwords: Allegations of Child Abuse, Discretion to Admit Evidence, Emotional Abuse, Recorded conversations
Judges:  Hannam J


Background: The mother is 42 years old and the father is 43 years old. The parties commenced a relationship in 1999 when they were in their late twenties. The case involves competing claims of domestic violence and alleged child abuse. To support his case, the father has submitted transcripts of recorded conversations between himself and the mother. These recordings were made covertly, without the knowledge of the mother.  
 
  [Legal Issue]At issue is the admissibility of transcripts of covertly recorded conversations made by the father, alleged to have captured various unguarded conversations between the mother and the father. The mother objected to the admission of the transcripts of audio recordings on the basis that the evidence was unlawfully obtained and was inadmissible. Both the father and the Independent Children’s Lawyer sought to have the evidence admitted and argued that even if it were prima facie inadmissible the court should exercise its discretion to admit it.   [Court Orders]The evidence, which refers to transcripts of recorded conversations in the father's affidavit in paragraphs 25, 128 to 150 and 235 filed on 23 September 2014, is admissible.      


 ] Download Decision