Event and Time
Event Description
This case involves a family law dispute concerning parenting orders for two children, X (born 2010) and Y (born 2013), between the parents Mr. Bao (father) and Ms. Cang (mother). The proceedings began in July 2017 when Mr. Bao filed for final parenting orders. The case escalated due to serious allegations from the mother of family violence and sexual abuse against the father, prompting significant intervention by child protection authorities.
Application and Claims
- Mother’s Claims:
- Sole parental responsibility for the children. - The father has committed sexual abuse and family violence. - The children have not spent time with the father since 2019 due to their reluctance.
- Father’s Claims:
- Initially sought equal shared parental responsibility. - Allegations against the mother regarding mental ill health and substance abuse.
Judicial Decisions
1. Leave granted for the mother's Further Amended Response to proceed undefended. 2. All previous parenting orders discharged. 3. Sole parental responsibility granted to the mother. 4. Children to live with the mother. 5. Father to spend time with children as mutually agreed. 6. Father allowed to send letters and gifts. 7. Each parent to keep the other informed of contact details.
Dispute Points and Legal Basis
Dispute Points
Mother’s Arguments:
- Allegations of Abuse: Claims that the father has perpetrated sexual abuse and family violence towards her and the children, supported by previous intervention orders and involvement of child protection authorities.
- Child Wishes: The eldest child expresses reluctance to spend time with the father, reinforcing concerns about the child's emotional welfare and safety.