Carpenter & Carpenter (No. 2) [2012] FamCA 1005 – 29/11/2012

CATCHWORDS:

FAMILY LAW – CHILDREN – With whom children shall live - where the mother alleges the father poses an unacceptable risk of sexual harm to the children – where the police and the Department have investigated the allegations – where the father has not been charged with any offence and the Department determined the allegations were unsubstantiated – where the mother maintains the allegations – where the Department has determined that the mother has emotionally harmed the children – whether the father poses an unacceptable risk of harm – where the father does not pose an unacceptable risk  of harm – whether it is in the children’s best interests to live with the father – where the youngest child is 2½  – where the children have been in the primary care of the mother since separation – where orders made that children live with the father and spend time with the mother.