In the matter of Massey & Wilenski  FamCA 657 the parents had one child to the relationship whereby the mother was the primary caregiver. After separation, the child made disclosures to the mother’s then partner Mr C of inappropriate touching perpetrated by the father. Mr C recorded three disclosures of the child all within an hour and a half. The mother reported the disclosures to the police the next day. As a result of these disclosures, the mother made the decision to stop all time between the father and child and made an application in the Family Court for child custody that the father should spend no time with the child. The mother ceased child custody with the father for a period of about 11 months.
In considering the matter of child custody, the Court then needed to consider:
- Whether the child had been sexually abused by the father
- Whether the father poses an unacceptable risk of harm to the child