Granato & Granato (No. 2)

This case concerned an application by Mr Granato (the applicant father) against Ms Granato (the respondent mother) regarding parenting orders for their child, X. The central dispute revolved around the mother's allegations that the father posed an unacceptable risk of sexual harm to X, stemming from historical allegations, purported possession of child pornography, and allegations made by X. The court was also required to consider the mother's ongoing refusal to promote X's relationship with the father and her involvement of X in the parental conflict, which was described as abusive and likely to have long-term impacts.

The court was tasked with determining whether the father posed an unacceptable risk of sexual harm to X. It also needed to assess the reliability of X's allegations of sexual abuse, particularly in light of the parental conflict and the mother's alleged fabrication of evidence. Furthermore, the court had to consider what parenting orders were in X's best interests, taking into account X's strong resistance to seeing the father, the father's perceived lack of judgment and insight, and the potential risks to X if removed from the mother's care.

Carew J found that the father did not pose an unacceptable risk of sexual harm to X. The court placed little weight on historical allegations and considered it likely that the mother had fabricated allegations regarding the father's possession of child pornography. X's allegations of sexual abuse were deemed unreliable, made within the context of enmeshment in parental conflict, and influenced by the mother's negative portrayal of the father. Despite the father not presenting an unacceptable risk, the court found that X's refusal to see him and strong resistance meant that removing her from the mother's care would place her at risk. Consequently, the court ordered that X live with the mother, with further orders restraining the mother from changing X's surname, audio or video recording X discussing allegations against the father, providing court documents to X's school, and applying for a passport for X. The court also placed X on the family law watch list to prevent international travel and ordered that the mother and father keep each other informed of relevant details regarding X and their own contact information.