False accusations of child abuse and stalking
Our client, the Father, was married to the Mother for a very short time.
Shortly before they separated, the Mother discovered that she was pregnant. The Father wished to be a part of the child’s life. The Mother did not want him involved in the child’s life, so she fabricated accusations of the Husband committing sexual child abuse offences towards her elder child (aged 9) and included the baby and her elder child on an Intervention Order application. She also accused the Father of stalking her and interfering with her car.
The Father did not have the funds to challenge the Intervention Order as he wished to allocate his savings towards obtaining orders in the Federal Circuit and Family Court (FCFCOA) to spend time with his new child.
I advised him that if he accepted the intervention order without admissions, he would not be able to challenge the Mother’s findings about the child abuse unless the matter went to a trial and it would be difficult to convince the family court of his innocence.
We contested the Intervention order and the father was held not guilty of the offences alleged by the Wife.
At the next parenting hearing in the Federal Circuit and Family Court (FCFCOA) when the Wife protested that the Father should not spend time with the child due to his abuse of her elder child, we successfully sought orders to produce the Magistrates Court judgement, and after receiving the judgement the FCFCOA Judge held that the Mother could no longer maintain these accusations in the FCF Court as the evidence had been tested in the Magistrates Court and the Father had been found innocent of the allegations of child abuse.
With the assistance of an Independent Children’s Lawyer, the matter eventually settled by consent on the basis that the Father spent 4 nights a week with the child (who was by then aged 3) increasing to 6 nights per week by the time the child was aged 6.
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