Event and Time
Event Description
This case concerns a father appealing final parenting orders regarding the custody and visitation arrangements for the parties' child following their separation in 2014. The mother alleged that the father sexually abused the child, leading to numerous investigations and independent evaluations. The father consistently denied these allegations.
Application and Claims
- Father's Claims:
- Seeks orders for the child to live with him either primarily or under a shared equal time arrangement. - Argues against the mother's allegations of abuse, claiming that the primary judge did not consider all material facts.
- Mother's Claims:
- Seeks that the child resides with her and has no visitation with the father, citing concerns that the father poses an unacceptable risk of sexual harm to the child.
Judicial Decisions
- The appeal was dismissed by the court.
- The application to adjourn the appeal hearing was refused.
- The father was ordered to pay the mother’s costs amounting to $5,000.
Dispute Points and Legal Basis
Dispute Points
- Father's Arguments:
- The primary judge failed to take into account relevant material considerations, particularly the credibility of evidence presented. - Claimed that the judge placed undue weight on the opinion of the expert witness.
- Mother's Arguments:
- The child had been subjected to unacceptable risk due to the father's alleged prior conduct. - Emphasized the continuous allegations and the involvement of public authorities in the child's well-being.