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In this article, we respond to commentary by Patrick Parkinson on our research into allegations of child sexual abuse in the Family Court of Australia (both published in AJSI, vol 56, 2021). Parkinson's primary focus was on two of our key findings: (a) that the child was deemed to be at an unacceptable risk of harm in only 12 per cent of fully contested cases; and (b) that in only 14 per cent of the fully contested cases were the allegations coded as being believed. Parkinson suggested that the fully contested cases are disproportionately those in which police, child protection department staff or independent evaluators have been unable to reach a clear view; and that typically these cases involve children under 7 years old. He concluded that the Family Court was in the "too hard basket" of the child protection system and that our findings were not necessarily indicative of systemic failure. We think both suggestions, as well as the "too hard basket" conclusion, are problematic and explain why. Parkinson's comments have stimulated us to reflect on how Australian family courts are managing this important and complex area of decision‐making and what changes may be required into the future. [ABSTRACT FROM AUTHOR]

Allegations of child sexual abuse pose agonisingly difficult issues for families, family law professionals and the courts. We present data from the population (N=521) of Family Court of Australia judgements containing allegations of child sexual abuse published in the Australasian Legal Information Institute's Australian database. Our data cover all in‐scope judgements published between mid‐2012 and mid‐2019, of which 71 dealt with cases that were uncontested. A further 70 were contested but the allegations were abandoned before the end of the trial. We classified the remaining 380 cases as "fully contested". Of this group: (a) in 14% of cases, judicial officers expressed a direct or clearly implied belief that the allegations of child sexual abuse were true; (b) risk of sexual harm to a child was found in 12% of judgements; (c) when no risk of sexual harm was found, judges were more than twice as likely to regard the allegations as genuine but mistaken rather than to have been deliberately misleading; (d) just under two‐thirds of allegedly unsafe parents had the time they spent with their child(ren) increased by the court; and (e) in 17% of judgements, children's living arrangements were changed to the allegedly unsafe parent. [ABSTRACT FROM AUTHOR]