This is a difficult area of law. Under severe circumstances parents will be denied the right to communicate with their child. This is best demonstrated in the case of Tate & Ralph [2012] FMCAfam 279 (4 May 2012), in which a father was denied the right to spend time or even communicate with his child as their was an unacceptably high risk of sexual abuse. This abuse was made clear by disclosures by his sister and his inability to understand the consequences of his actions. In short, he was an inadequate role model and the child would conceivably be put in harm’s way.
However, in a separate case a father who also had an alleged history of sexually abusing his former partner’s sister, child and niece, was granted limited time daytime supervised visits. This risk was deemed acceptable. Overnight time was deemed an unacceptable risk. see > Giordano & Sica [2012] FamCA 64 (24 February, 2012).
Finally, for more information about the general rules about child custody and child access check out our latest blog.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
