How parental child abuse affects access to childen

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).