The applicant Society brought a temporary care hearing regarding three children after the respondent stepfather was charged with sexually assaulting his stepdaughter.
The stepfather sought shared care of his two biological children, arguing they were in his charge prior to intervention and were not at risk.
The court found the children were in the mother's sole charge when the Society intervened, as police had already removed the stepfather.
The court held there were reasonable grounds to believe the younger children were at risk of harm, ordering that they remain with the mother and that the stepfather have only supervised access.
A restraining order against the stepfather was also continued.
