Best interests of children where sexual abuse alleged

Bendon & Bendon (No 3) [2015] FamCA 1065 (2 December 2015)

FAMILY COURT OF AUSTRALIA

REPRESENTATION

ORDERS

IT IS ORDERED

1. That all previous parenting orders in relation to the children D born … 2005, E born … 2007 and F born … 2009 are discharged.
2. That the father have sole parental responsibility in respect of all major long-term issues for the children, save that the father shall, prior to making any decision with respect to any such issue for the children:-
   <li “=””>(a) Inform the mother in writing (via letter or email) of any decision intended to be made;

<li “=””>(b) Seek the mother’s written response in relation thereto, the mother to provide a written response, if any, within 14 days of being advised by the father of the decision intended to be made;<li “=””>(c) Consider by reference to the best interests of the children any such response received from the mother prior to making any decision; and<li “=””>(d) Inform the mother in writing (via letter or email) as soon as reasonably practicable of his ultimate decision.

3. That the children live with the father.
4. That mother spend time and communicate with the children as follows:-
   <li “=””>(a) At a supervised contact centre or agency in Perth, Western Australia (“the contact centre”) as nominated by the Independent Children’s Lawyer for such time as may be agreed between the mother and the father in writing on the following bases:-
   <li “=””>(i) That within 14 days of receipt of notification by the ICL of the nominated contact centre, the mother and the father do all acts and things as may be required to make application to the contact centre;

<li “=””>(ii) Such time to take place on days and at times nominated by the contact centre, and where practicable to occur on consecutive days to coincide with school holiday or after-school periods;<li “=””>(iii) The mother to spend time as provided in sub-paragraph (ii) hereof on up to six occasions per calendar year;<li “=””>(iv) The mother to be solely responsible for the cost of supervision; and<li “=””>(v) The mother to comply with all reasonable directions as may be made by the contact centre in order to facilitate supervision of her time with the children.<li “=””>(b) In the event that the contact centre is not available to facilitate time between the mother and the children pursuant to sub-paragraph (a) hereof, such time to be supervised by Mr K Bendon or such other person as may be agreed between the mother and the father in writing.<li “=””>(c) By Skype or telephone on two occasions per week at times agreed between the parties and failing agreement between 6.00 pm and 6.15 pm Western Australian time each Monday and Thursday and for the purposes of that communication:-

<li “=””>(i) Such communication to take place at 6.00 pm Western Australian time on each occasion unless otherwise agreed between the mother and the father in writing;<li “=””>(ii) The father do all acts and things to ensure the children initiate the communication to the mother;<li “=””>(iii) The father be at liberty to monitor the communication between the mother and the children and in the event that the mother discusses subjects or issues that may undermine the children’s relationship with the paternal family or destabilise the care arrangements the father be permitted to terminate the communication;<li “=””>(iv) The mother keep the father advised at all times of her current telephone number on which she can be contacted.

<li “=””>(d) By telephone or Skype on Christmas Day, the children’s birthdays, the mother’s birthday and Mother’s Day each year and to facilitate such communication:-

<li “=””>(i) Such communication to take place at 6.00 pm Western Australian time on each occasion unless otherwise agreed between the mother and the father in writing;<li “=””>(ii) The father do all acts and things to ensure the children initiate the communication to the mother;<li “=””>(iii) The father be at liberty to monitor the communication between the mother and the children and in the event that the mother discusses subjects or issues that may undermine the children’s relationship with the paternal family or destabilise the care arrangements the father be permitted to terminate the communication;<li “=””>(iv) The mother keep the father advised at all times of her current telephone number on which she can be contacted.

<li “=””>(e) By letter, card and/or gift on the special days referred to in sub-paragraph (d) hereof with such items to be provided to the children by the father, save that the father is not required to provide to the children any letter, card or gift which discusses these proceedings or subjects or issues that may undermine or destabilise the children’s relationships with the paternal family.

5. That the mother and the father each keep the other informed of their current residential addresses, postal addresses, telephone numbers and email addresses.
6. That the father do all acts and things as may be required to:-

(a) ensure that the children communicate with the mother by letter, card or gift on the special days referred to in Order 4(d) hereof;

(b) Advise the mother and keep her advised of the children’s residential address, school, treating medical practitioners and specialist medical practitioners and any allied health professionals, counsellors or therapists upon whom the children attend;
(c) Authorise any and all of the health professionals referred to in sub-paragraph (a) hereof to communicate with the mother and to provide to her copies of any reports and information produced with respect to each of the children’s progress, health, treatment or course of counselling or therapy as the case may be;
(d) Notify the mother as soon as reasonably practicable of any significant injury of illness suffered by the children and any injury or illness requiring admission to hospital;
(e) Keep the mother advised in writing of the management plan and treatment of the children, including but not limited to the children F and D arising from any re-assessment of them by a medical specialist.

7. That the mother and the father be and are hereby restrained by themselves, their servants and agents from:-
   <li “=””>(a) Denigrating the other parent or members of their family in the presence or hearing of the children or any of them; and

<li “=””>(b) Discussing the affidavit material, professional reports, oral evidence and judgments in these proceedings in the presence or hearing of the children or any of them.

8. That the father be permitted to provide a copy of these orders and Reasons for Judgment to:-
   <li “=””>(a) The children’s school;

<li “=””>(b) The contact centre; and<li “=””>(c) The children’s treating medical practitioners, allied health professionals and therapists or counsellors upon which the children attend.

9. That the Independent Children’s Lawyer be permitted to forward a copy of the orders and Reasons for Judgment to the Department of Human Services.
10. That the appointment of the Independent Children’s Lawyer be discharged on 31 January 2016.
11. That all extant applications be otherwise dismissed.
12. That pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

FULL CASE

http://www.austlii.edu.au/au/cases/cth/FamCA/2015/1065.html