in parenting proceedings where sexual allegations are engaged, the judge may render the principle of shared-parenting as inapplicable.
The judge may completely focus on the presumption of the best interest of the child.
Under the Family Law Act, a sexual assault is a type of child abuse, wherein the child is forcefully and without consent engaged in sexual activity. When one parent alleges that the child has been sexually abused, the court places a primary consideration in the necessity to protect the child from further harm and violence brought by such situation.
In a parenting proceeding involving allegations of sexual abuse, the protection of the child exceeds the principle of shared parental responsibility. In effect, the parenting order will not be based on shared-parenting but will be based on what is beneficial and positive to the child.
Allegations of sexual assault can have a significant and major effect on the outcome of parenting proceedings. The family judge does not have the same responsibility and way in resolving such situations like the courts exercising criminal jurisdictions.
In parenting proceedings where sexual allegations are involved, the family courts apply a strict civil standard on the ‘balance of probabilities’ instead of ‘proof beyond reasonable doubt.’ In proving the preponderance of evidence in sexual assault, the court takes into consideration the nature of the course of the action, the nature of the subject matter of the proceeding, and the severity of the matters alleged.
Contingent with the allegations made by the other party, the judge will take a cautious strategy in determining the time that should be invested by the kid to the alleged perpetrator. When allegations of sexual abuse have been established, the judge will keep the kid safe from the undesirable chance of further sexual abuse. It is conceivable that the child may not be able to spend time with the parent perpetrator or may spend time but under the supervision of a third party.
Cases including sexual abuse of the child can be very complex and difficult. The only witness to the alleged abuse is the alleged criminal and the alleged victim. Problems may occur if the victim cannot give consistent testimonies because of young age.
If you consider that your child or children to be a chance of sexual abuse or if your child is currently abused by your partner do not hesitate to contact our family lawyers and discuss the necessary steps to be taken in your behalf in regards to parenting proceedings.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.