QLD What is "serious psychological harm"? (Notice of risk)

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Initforthem

Active Member
20 January 2019
6
1
34
Hi and thanks in advance for any info.

I would like to know what is considered as serious psychological harm please. As a background:

I have received initiating application affidavit and subpoena copies for a family law case. Ex is seeking permanent and interim orders of full care and parental rights. Children are 2, 7, 10. Parenting plan currently has him with per fortnight: 5 nights for the eldest two kids and 2 nights for the youngest.

He left as a trial just before our youngest's first birthday and permanently just before xmas 2017 (just over 12m ago). Parenting plan has been in place since Mar 2018. Jan and Feb of 2018 I "withheld" overnights with bub (1yr at time) on legal advice and negotiated to the current arrangement at mediation with the view to 50/50 at some point in the next few years. The withholding of overnight visits led to huge ego conflict, lists of his refusal to cooperate and.arguing in front of the kids every time I went to collect her. His parents regularly stop the kids from seeing me at handover and contacting me. Now he is claiming that the kids are at risk due to exposure to family violence and has made up a huge stack of claims of supposed abusive behaviour from me as a result of my post natal depression (which my Dr cleared 12 months after our first child). He claims my mother is a risk (lives interstate). He claims I withhold medical treatment (daughter had been on laxatives for 12 months, gradually reducing) when the fact is he is giving meds on his weekends despite the GP and OT advising they are no longer needed.

His affidavit is riddled with lies including statements about our kids being admitted to hospital for malnutrition my (non existent) psychological diagnosis, me "doctor shopping" (I have evidence we have only ever seen 1 GP).... the list goes on.

Thanks for reading this very long back story. I feel silly writing all that has gone on. Such a juvenile situation!
 

Initforthem

Active Member
20 January 2019
6
1
34
I will add that he is a nurse and works shifts so can't see how he can look after 3 kids for 12 nights a fortnight.
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Hi and thanks in advance for any info.

I would like to know what is considered as serious psychological harm please. As a background:

I have received initiating application affidavit and subpoena copies for a family law case. Ex is seeking permanent and interim orders of full care and parental rights. Children are 2, 7, 10. Parenting plan currently has him with per fortnight: 5 nights for the eldest two kids and 2 nights for the youngest.

He left as a trial just before our youngest's first birthday and permanently just before xmas 2017 (just over 12m ago). Parenting plan has been in place since Mar 2018. Jan and Feb of 2018 I "withheld" overnights with bub (1yr at time) on legal advice and negotiated to the current arrangement at mediation with the view to 50/50 at some point in the next few years. The withholding of overnight visits led to huge ego conflict, lists of his refusal to cooperate and.arguing in front of the kids every time I went to collect her. His parents regularly stop the kids from seeing me at handover and contacting me. Now he is claiming that the kids are at risk due to exposure to family violence and has made up a huge stack of claims of supposed abusive behaviour from me as a result of my post natal depression (which my Dr cleared 12 months after our first child). He claims my mother is a risk (lives interstate). He claims I withhold medical treatment (daughter had been on laxatives for 12 months, gradually reducing) when the fact is he is giving meds on his weekends despite the GP and OT advising they are no longer needed.

His affidavit is riddled with lies including statements about our kids being admitted to hospital for malnutrition my (non existent) psychological diagnosis, me "doctor shopping" (I have evidence we have only ever seen 1 GP).... the list goes on.

Thanks for reading this very long back story. I feel silly writing all that has gone on. Such a juvenile situation![/QUOT
Hi,did you have valid reasons to withhold the baby? I have been accused of all sorts of things from being mentally unstable to apparently having a deli line of men at my door, it use to upset me because a man I was with for 20 years who was abusive in every way towards me tried to paint me something I’m not, look I suffered depression when dad passed and then again after I left my ex due to the high conflict, I have no court orders in place and have attempted mediation 2 times about to go back for number 3, my drop offs are at at petrol station due to fact my ex would try and rub himself on me, very inappropriate behaviour even with video surveillance he still would.i guess I’m trying to say is take someone with you to hand overs if possible or make in public place, just try and remain calm and non responsive to their accusations, a lot of people on here will tell you they have suffered from some sort of mental health issues, and that’s ok as long as they are being dealt with, the courts see it all the time. He has to have proof of his allegations against you, there are a lot of people on here who can help you further
 

Initforthem

Active Member
20 January 2019
6
1
34
did you have valid reasons to withhold the baby?

My lawyer told me that there is lots of evidence that overnight stays can cause harm at such a early age. I had read through the evidence and combined with my gut feeling 3 months prior when he left for a trial separation, decided it was in her best interests to establish a familiarity with his new home and situation first and begin with day visits.
 
  • Like
Reactions: nat 2015

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
First up I should say, being male, I admit to bias with my comments.

I like this 2018 quote from Warsak "No coherent theory or research confirms speculations that fathers’ overnight care poses greater risks to their young children than daytime care, or that overnights are contraindicated if opposed by the mother."

Earlier research by McIntosh has largely been discredited when it comes to harm on young children spending time with one or other of its parents where this is the only factor at play. The biggest issues are conflict between parents, levels of family violence, and neglect in a household, not the place of overnight stays.

Children are largely adaptable little creatures and when shown love and care thrive in the company of either mother or father.

Withholding merely to avoid a 'disruption in routine' is often code for a mother saying 'you will only see my child when I say so'. It may be that a lot of the push back by the father is because of your 'concerns about routine'.

You can certainly run your line of argument at court and may be successful as some judges haven't caught up with the latest research.

You should be thinking about what is best for the child, not what is best for you.
 
  • Like
Reactions: Muxaul

Initforthem

Active Member
20 January 2019
6
1
34
Earlier research by McIntosh has largely been discredited when it comes to harm on young children spending time with one or other of its parents where this is the only factor at play. The biggest issues are conflict between parents, levels of family violence, and neglect in a household, not the place of overnight stays.

Children are largely adaptable little creatures and when shown love and care thrive in the company of either mother or father.

Withholding merely to avoid a 'disruption in routine' is often code for a mother saying 'you will only see my child when I say so'. It may be that a lot of the push back by the father is because of your 'concerns about routine'.

l/QUOTE]

I'm not sure you read my question. I asked about the legal definition of psychological harm, not your perspective on what is best for my daughter. With all due respect you know nothing of her situation or my line of thinking. You are making an assumption that I have my own interests at the forefront however it is clear that you have some self interested views on the topic and had difficulty understanding what I was asking. If you re-read, you will see I said nothing about disrupting her routine. I have heard all the arguments on both sides thanks and being a well educated person have evaluated the evidence and data quoted plus my daughter's personal situation and have come to my own personal judgement. I appreciate if you are just trying to help but please keep to the question that has been asked when commenting on posts.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Fair enough, though I stand by my views and don't care if it is a man or woman withholding a child. If withholding is done for selfish reasons then it should be pointed out and denounced at every opportunity because it is these people who cause other parents to lose access to their own children as the court system struggles with false accusations being made in court.

In answer to your question, psychological harm is a type of emotional abuse and can happen when the parent/caregiver behaves in ways that:
  • isolates the child from normal everyday social experiences/activities;
  • makes the child feel the world is a dangerous place;
  • refuses to acknowledge the worth and needs of a child;
  • terrorises the child, making the child feel afraid or bullied;
  • ignores the child;
  • deprives the child of normal parental love and care; or
  • encourages the child to behave in any anti-social way on a regular basis.
The risk to the child needs to real and be repeated behaviour, not merely a potential risk, and not normally one instance.

Items in the above list must have a high probability of affecting the child's mental health, social development, or moral values.

It's up to you as to what you put on a notice of risk. The information above is not legal advice and certainly not tailored to your situation.
 
Last edited: