Event and Time
Event Description
A step-father, Mr. Mandalik, sought to re-establish contact with his 7-year-old step-daughter, X, after not seeing her for over two years. He had acted as her step-father for 2.5 years, from 2017 until their separation in February 2020. The mother of X opposed this contact, citing concerns of prior family violence.
Application and Claims
- Applicant's Claim: Mr. Mandalik requested visitation rights, arguing he maintained a relationship with X and expressed a desire to reconnect.
- Respondent's Position: The mother opposed any contact, citing X's expressed fears of Mr. Mandalik and claims of past violence against both her and the child.
- Child’s Wishes: X conveyed clear views to the 11F report, indicating she did not want to see Mr. Mandalik due to traumatic experiences she recalled.
Judicial Decisions
- The application for contact was dismissed based on the evidence presented, particularly the child’s wishes, the mother's opposition, and the allegations of violence against the step-father.
Dispute Points and Legal Basis
Dispute Points
- Step-Father’s Argument:
- Claims he had a meaningful relationship with X. - Denies allegations of violence against the mother and child. - Believes that he should be given the opportunity to reconnect.
- Mother’s Argument:
- Strongly opposes contact, asserting her belief in the reality of the violence allegations. - Considers Mr. Mandalik a threat based on X’s memories and expressions of fear ("why does he want to see us if he hurt me and tried to kill mum").
- Child’s Position:
- Expressed a desire not to see Mr. Mandalik. - Described feelings of confusion about his intentions and recalled witnessing violence.