The Issue
My personal experience compels me to speak out.

I am the parent of a child who is a survivor of sexual abuse, committed by someone who was meant to protect them, their other parent.

What followed was not only trauma, but prolonged emotional distress and high legal costs. Costs that no protective parent should have to bear. These experiences exposed a serious gap in our legal system:

Parental responsibility is not automatically removed when a parent is convicted of sexually abusing their own child.

As a result, the non-offending parent is often required to engage in further family law proceedings to secure their child’s safety. This process is costly, time-consuming, and can be deeply retraumatising for both the child and the protective parent.

 
The Change We Need
This petition calls for an amendment to the Family Law Act 1975:

Where a parent is convicted of a sexual offence against their own child, that parent’s parental responsibility for the child is suspended by operation of law upon conviction. The Court must not make an order for that parent to have parental responsibility unless exceptional circumstances are established.

This would ensure that:

-The burden is no longer placed on the protective parent
-Children are not required to re-litigate their safety
-The legal system reflects the seriousness of a criminal conviction
 
Why This Matters
The current system requires families to re-prove risk in a separate jurisdiction, even after abuse has been established beyond a reasonable doubt in a criminal court.

This creates:

-Unnecessary legal costs
-Delay in achieving safety
-Further emotional harm
-The law already recognises that a child’s best interests are paramount. However, in practice, families must still navigate additional proceedings to secure outcomes that align with that principle.

 
The Scale of the Problem
Child sexual abuse is widespread and often occurs within relationships of trust.

-Most abuse is committed by someone known to the child (Australian Child Maltreatment Study, 2023)
-1 in 3 girls and nearly 1 in 5 boys experience child sexual abuse before age 18
-78% of affected children experience repeated abuse

In the relatively small number of cases that result in a conviction, families should not be required to undertake further legal action to establish what has already been proven.

 
Why Reform Is Necessary
No child should be required to remain legally connected to a parent who has been convicted of abusing them, whether through parental responsibility or through their legal surname. These ongoing legal ties can prolong harm and undermine a child’s safety, identity, and recovery.

No protective parent should bear the financial and emotional burden of further litigation to ensure their child’s safety.

The law should provide clarity, consistency, and protection in these circumstances.

 
Call to Action
This reform would better align family law outcomes with criminal findings and reduce the need for retraumatising legal processes.

If you believe children should be protected without delay, and families should not be forced to fight for what has already been proven, please support this petition.

Sign and share to help bring about meaningful change.