ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE |
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| Authors: | Justice Eric Baker |
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| Institution: | Justice Eric Baker was admitted as a solicitor of the Supreme Court of New South Wales in December 1953 and appointed a judge of the Family Court of Australia in July 1978. In November 1983, Justice Baker became a member of the Appeal Division of the family court and has remained in that capacity ever since. He is a member of the Child Protection Council (New South Wales) and has been the chairman of its legal committee since March 1988. He is a former member of the Council of the Australian Institute of Judicial Administration and is presently an executive member of Relationships Australia (New South Wales). He has a special interest in the need to protect children from all forms of abuse and to promote their welfare. |
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| Abstract: | This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities. |
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