GIORDANO & SICA

In the matter of *GIORDANO & SICA*, Rees J of the Family Court of Australia considered parenting orders concerning the child K. The father sought equal shared time with K, but the mother alleged that the father had sexually abused her sister, niece, and daughter. While the father had not been accused of abusing K directly, he had a prior conviction for sexual intercourse with a person with an intellectual disability with the intention to exploit her.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given the allegations of abuse against the father. It also had to assess the risk of the father sexually abusing K if she were to spend time with him, and whether such a risk would be unacceptable.

Rees J found that there were reasonable grounds to believe the father had sexually abused the mother’s sister, niece, and daughter when they were children, which meant the presumption of equal shared parental responsibility did not apply. The court determined that while there was a risk of the father sexually abusing K, this risk was acceptable when K's time with him was limited to supervised daytime visits. The court discharged previous parenting orders and made new orders granting the mother sole parental responsibility for K and her sibling D. K was ordered to spend limited, supervised time with the father on alternate Sundays, Christmas Day, Father's Day, and K's birthday, with specific provisions for supervision by nominated individuals until K turned 15. The father was also restrained from contacting or approaching D.