Can We Accept the Acceptable?: Evidence and procedure in child sexual abuse cases in recent Australian law

In an earlier article (Bates, 1990), it was suggested that the test enunciated by the High Court of Australia in In the Marriage of M (1988) F.L.C. 91–979 for denying custody or access in cases where there had been allegations of child sexual abuse was inappropriate. In that case, it will be remembered, the High Court stated (at 77,081) that:

To achieve a proper balance, the test is best expressed by saying that a court will not grant custody or access to a parent if that custody or access would expose the child to an unacceptable risk of sexual abuse.