Family Court & Appalling Behavior
In a decision that confirms the worst nightmares of many non-custodial parents, Her Honour Justice Bennett in Wang v Dennison (No 2) declined to Order that the parties two young children live with or spend any time with their father despite some astounding findings.
Her Honour found the mother had “purposefully conditioned the children to believe that they had been sexually abused by their father when they had not” and that she had done so “in order to cut the father out of the lives of the children".
She also concluded that "the mother’s allegations of family violence were unsubstantiated, made and maintained with malicious intent on her part and in circumstances which have been extremely detrimental to the emotional well being of the children."
Despite these findings, Her Honour made the following Orders:
- That the children live with the wife.
- That the father be at liberty to communicate with the children as follows:
- By way of letter to each of the children on each of the children’s birthdays and at Christmas and Easter in each year, such correspondence to be sent by prepaid post to their place of residence; and
- As may otherwise be requested by the children from time to time.
If you are faced with this situation like this you must act quickly, vigorously, be brave and stay determined and call us immediately.
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Hi, my partner was in a very
Hi, my partner was in a very similar situation as above, it is probably to late for my partner to do anything about this now but I hope in leaving a message that we might help adjust the law so that the courts will look at the mother's a bit more stringently and harder. My partner continuedlly fought his ex-wife in court, she continue the flaunt the judicial system by not having a solicitor to represent her when she was told by the court to get one, not sending or encouraging the children to come on access visit, and the worst of all we had a meeting (the second one whilst backwards and forwards in court) with a psychologist and try to tell the psychologist the I touched my daughter in a sexual way, My partners ex-wife was overraulled the pschologist deemed there was no sexual contact between my partner and his girl child but it got to the point that the children where that brainwashed that they believed that their father hated them and did not want to see them, we had at a later date my partner son stay with us and the son informed us that he Mother forever belittled my partner in front of the children, when it came to go to court she had denied that she done this........the children are now 18 and 15 years of age, the 18 year old has now only a grade 6 education as the Mother did not encourage the child much to go to school, like to take child out of school to help her move house, and the 15 year old hates the father that much she is also like the mother and belittles her father. I just wish the court can be a lot farer to fathers that I know really care for the children, I have watched my partner cry endlessly over his children because that is what he lived for and I also watched the ex-wife take that all away, it is devastating to watch, how can we determine where is the best place for the children to be. Both children have been left with very little education as the 15 year old is also left school and is apparently doing a electronic engineering course, she did not pass year 10 and I don't know how far she will get on a year 9 pass my partner is powerless to try to encourage this girl to go back to school and there will be no legal things we can do as they deem because she is at TAFE she is furthering her studies, she is and intelligent girl getting good grades until halfway through last year when she was very rarely attending school. School report was sent out teachers where concerned on a dramatic drop in grades, but my partner still by law powerless to do anything.....I just hope something can be done as it is to late for us with the law to benefit the fathers more that really care for there children...............
Surely this decision must be
Surely this decision must be appealable, on the grounds that it's unreasonable and nothing operates to override the presumption that both parents will share in the parenting?
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