Court or Tribunal: Family Court of Australia
Catchwords: Practice and Procedure
Judges:  Bennett J

Background:  
 
  [Legal Issue]   [Court Orders]     

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Emotional Abuse, False Allegations of Child Abuse, Hostile Parental Behaviour, Obstruction of Contact with Child, Parental Alienation, Parental Alienation, Post Traumatic Stress Disorder, Psychological, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child spends time with
Judges:  Bennett J

Background: This is a case of an Anglo-Australian father and a Chinese-born mother. There was a high level of parental conflict during and after the breakdown of the relationship. After separation, the mother and father lived in separate states. They had two children aged 11 and 9. The father had then re-partnered. In dispute over 'contact with the children' after separation, the mother made allegations of child sexual abuse against the father. She also made allegations of physical violence by the father against her and the children. These allegations were found to be baseless, contrived and pre-meditated by the Court. The mother also engaged in behaviour intended to incite hatred in the children against the father. This alienation proceeded to a degree where the children did not want t 
 
  [Legal Issue]Despite the findings of the Court against the mother, the Court had to address how it was going to deal with the intense "antipathy" that the children felt towards their father, to the point where they threatened self-harm if they were forced to see him. The Court found the children to be “articulate, forthright and self-assured adolescents.” In that context, the threat of self-harm if made to spend time with the father must be given sufficient weight as a likely outcome if contact with the father was forced onto the children. The Court concluded that imposing a “solution” on the children without deference to their views would at least compromise their development and, possibly, inspire the threatened self-harm.    [Court Orders]His Honour ordered equal shared parental responsibility, but that the children live with the mother and spend no time with the father. However, the Judge ordered a "post orders program", as recommended by the supervising family consultant with a view to the girls, being reunited with their father as soon as practicable. (this program subsequently failed: re: Wang & Dennison (No. 2) [2009] FamCA 1251) The judge also requested that a family consultant be nominated to supervise compliance with t