H v F [1989] NSWCA 94

H v F [1989] NSWCA 94

The trial judge's unequivocal acceptance of the respondent's evidence and rejection of allegations of sexual abuse constituted a denial of any real or unacceptable risk to the child. The trial judge exercised discretion appropriately, considered all relevant factors, and made findings open to him based on the evidence. No error of law or principle was demonstrated.

Parties
Appellant: H; Respondent: F
Jurisdiction
Australia
Judgment Date
14 April 1989
Procedural Posture
Appeal / Decision
Outcome
appeal dismissed
Legal Topics
Custody, Sexual Abuse Allegations, Child Welfare, Appeals, Exercise of Discretion
Family Law Custody Sexual Abuse Allegations Child Welfare Appeals Exercise of Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

H

Appellant

F

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the trial judge erred in awarding custody to the respondent despite allegations of sexual abuse
  2. 2 Whether there was an unacceptable risk of sexual abuse to the child if custody was granted to the respondent
  3. 3 Whether the trial judge exercised discretion within established principles

Ratio Decidendi

The trial judge's unequivocal acceptance of the respondent's evidence and rejection of allegations of sexual abuse constituted a denial of any real or unacceptable risk to the child. The trial judge exercised discretion appropriately, considered all relevant factors, and made findings open to him based on the evidence. No error of law or principle was demonstrated.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Custody of the child awarded to the respondent (father).