A couple had been married for several
years and had two daughter aged 7 and 3 years at the time of the hearing.
During one year the father’s own mother died and the father did not enjoy the
Christmas period as he felt that his grief had not been adequately recognised,
that there was no sexual intimacy with his wife, and that he would not be
missed if he left the family. The wife subsequently made allegations
about three types of incident over the holiday period: that the father had
thrown one daughter against a wall, that the husband had raped the wife, and
that there was sexual abuse of the children. Criminal charges did not
proceed due to lack of evidence. The parents separated soon after, with
the father maintaining contact with his children.
Allegations by both children about
sexualised behaviour by the father continued. Allegations included that
the father was naked in the bedroom of one daughter, and that the father
performed an unusual exercise involving movement of his groin.
The judge found that too many
concerning factors had been raised. The judge ruled that the father’s
access with his children should be supervised, but that evidence from
the father’s own family had been too partisan for the judge to be confident
that their supervision would be objective. The judge ruled that the risk
to the children was an unacceptable risk and that indefinite or ongoing
supervision was required.
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