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Recent Family Law Judgments – False allegations of child abuse

 

View other Family Law Judgment Categories: | Recent judgments – All | Appeals | Relocation |Child Abductions | Equal Shared Care | Equal Shared Parental Responsibility | Schooling | ContraventionFalse allegations | Cultural Considerations | Entrenched Conflict | SSAT (Child Support) | Parental Alienation | Unacceptable Risk | Reasonable Practicality


 

1. Wang & Dennison [2009] FamCA 206 (20 March 2009) 
Catchwords:
 FAMILY LAW – CHILD ABUSE – finding of no unacceptable risk – credit findings against mother – false allegations amounting in emotional abuse of child – interim orders made for parents and children to undergo counselling with a view that children recommence spending time with father FAMILY LAW – CHILDREN – with whom a child lives and spends time with -interim orders – where not in the child’s best interests to make final parenting orders due to lack of information regarding the child’s emotional needs – interim orders made for the two children to continue living with the mother and for the parents and children to undergo counselling with a view that children recommence spending time with the father – final parenting orders pending expert evidence regarding the emotional needs of the children FAMILY LAW – CHILDREN – with whom a child spends time with – where child abuse allegations have been made – whether child should spend time with siblings who are related to the father or otherwise aligned with the father – finding that child should spend time with siblings FAMILY LAW – CHILDREN – family violence – where children exposed to inappropriate degree of family violence – finding that family violence instigated by the mother
Date Delivered:
 20 March 2009
Before:
 Bennett J
Legislation Cited:
 Children, Youth and Families Act 2005 (Vic) Crimes (Family Violence) Act 1987 (Vic) Evidence Act 1995 (Cth) s 22; Division 12A Part VII Family Law Act 1975 (Cth) ss 4, 60B(b), 60B(1), 60B(2), 60CC, 60CC(2)(a), 60CC(3), 60CC(4), 60CC(4A), 60CD(2)(b), 62B, 65DAA(3), 65DAA(4), 66CC(2)(b), 62G(2), 65DA(2), 65L, 68LA, 68F(2) (repealed) Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) Family Law Rules 2004 (Cth) r 15.10(2); r 16.07(2)
Cases Cited:
 H & W [1995] FamCA 30; (1995) FLC 92-598 Hemiro & Sinla [2009] FamCA 181 R & R: Children’s Wishes [2000] FamCA 43; (2000) FLC 93-000 Wang & Dennison [2007] FamCA 234


  2. Kitman & Kitman (Costs) [2008] FamCAFC 180 (12 November 2008) 
Catchwords:
 FAMILY COURT – APPEAL – COSTS – Where appeal and cross appeal were allowed and orders were made re-exercising the discretion of the trial judge – Where appellant and cross appellant seek costs certificates for the appeal and cross appeal – Orders made for costs certificates to be issued to the appellant and respondent in the appeal – Orders made for costs certificates to be issued to the cross appellant and respondent in the cross appeal FAMILY LAW – COSTS – Appellant made an application pursuant to s117AB for costs to be paid by the respondent on the basis that the respondent had made false allegations or statements – Orders made to dismiss the appellant’s application for costs against the respondent
Date Delivered:
 12 November 2008
Before:
 May J
Legislation Cited:
 Family Law Act 1975 ss117, 117AB Federal Proceedings (Costs) Act 1981, ss6 & 9
Cases Cited:
 Oscar & Traynor [2008] FamCAFC 158 


3. Taylor-Black & Vasser [2008] FamCA 335 (15 May 2008)   
Catchwords:
 FAMILY LAW – CHILDREN – With whom a child lives – sexual abuse allegations – best interests of child
Date Delivered:
 15 May 2008
Before:
 Watts J
Legislation Cited:
 Family Law Act 1975 (Cth) ss 60CA, 60CC, 61DA, 65DAA
Cases Cited:
 
Jurisdiction
 Family Court or Full Court of the Family Court (pre-2007)


4. Rod & Bloomberg [2008] FamCA 487 (27 June 2008)   
Catchwords:
 FAMILY LAW – CHILDREN – With whom a child lives – Best interests 
Date Delivered:
 27 June 2008
Before:
 Murphy J
Legislation Cited:
 Family Law Act 1975 (Cth)
Cases Cited:
 AIF v AMS (1999) 199 CLR 160, CDJ & VAJ (1998) 197 CLR 172, Mazorski v Albright [2007] FamCA 520, Neil v Nott (1994) 68 ALJR 509, Secretary, Department of Health and Community Services & JWB & SMB (1992) 175 CLR 218, U v U (2002) 211 CLR 238
Jurisdiction
 Family Court or Full Court of the Family Court (pre-2007)


5. Sharma & Sharma (No. 2) [2007] FamCA 425 (2 March 2007)   
Catchwords:
 FAMILY LAW – COSTS – Where father asserts mother knowingly made false allegations and statements – Whether s 117AB operative – Applying s 117AB to proceedings commenced before but finalised after section introduced does not offend presumption against retrospectivity – Whether pursuant to s 117AB father entitled to mandatory costs – Significance of reference to proceedings – Order made – Assessment of quantum 
Date Delivered:
 2 March 2007 
Before:
 Ryan J
Legislation Cited:
 Family Law Act 1975 (as amended) s 70NFB(1), ss 117, (1), (2), ss 117AA, AB, AB(2), (2A), (2A)(c), s 118, s 4, Family Law Amendment (Shared Parental Responsibility) Act 2006 s 117AB, Acts Interpretation Act 1901 s 3, Crimes Act 1914 (Cth) s 35, Evidence Act 1995 (Cth) s 140, Family Law Rules
Cases Cited:
 Geraldton Building Co Ltd v May (1977) 136 CLR 379, Kohan & Kohan (1993) FLC 92-340, Colgate Palmolive Co & Anor v Coussins Pty Ltd (1993) 46 FCR 225
Jurisdiction
 Family Court


6. Hogan & Halvorsen [2007] FMCAfam 1131 (4 June 2007)   
Catchwords:
 FAMILY LAW – Parenting – interim hearing – mother’s application to suspend father’s time with child – allegations of abuse – allegations found to be knowingly false. FAMILY LAW – Costs – where a party made a knowingly false statement. 
Date Delivered:
 4 June 2007 
Before:
 Henderson FM
Legislation Cited:
 Family Law Act 1975 (Cth) ss.60CC, 117AB
Cases Cited:
 
Jurisdiction
 Federal Magistrates Court