GENNARO & GIAVANNA

This case concerned parenting orders made by Cleary J in the Family Court of Australia. The dispute involved allegations of sexual abuse made by the mother and child against the father, which the father denied. The court was required to determine the risk of harm to the child from both parents and to make orders regarding the child's residence, parental responsibility, and time spent with each parent.

The primary legal issues before the court were whether the father posed an unacceptable risk of sexual abuse to the child, and conversely, whether the mother posed an unacceptable risk of emotional abuse to the child. The court also had to consider the presumption of equal shared parental responsibility and whether it should be rebutted, and ultimately, with whom the child should live and spend time.

Cleary J found that the father did not pose an unacceptable risk of sexual abuse to the child, noting the affectionate relationship between father and child and the lack of evidence of physical injury despite serious allegations. Conversely, the court found that the mother posed an unacceptable risk of emotional abuse due to her persistent questioning and pressure on the child to make complaints about the father. The presumption of equal shared parental responsibility was rebutted, and the court allocated sole parental responsibility to the father, ordering that the child live with him and spend supervised time with the mother.