VIC Custody of the child when child is conceived from male being raped?

[Muxaul]

Hi all, I'd like to ask a hypothetical yet tricky question:

- A child is conceived because mum forced dad into sex on a family violence based act and duress, inside of their marriage,
- Dad is able to prove that, and mum is therefore charged and convicted.
- Mum also committed many other family violence towards dad, child neglect and child abuse. Dad is also able to prove them.
- Both mum and dad claim that they are capable of looking after the child by themselves.
- Both parents wants primary custody of the child. Dad wants solo legal responsibility of the child, so does mum.

If gender reversed, and mum is the victim of marital r**e and family violence, then dad probably would have little to no time with the child. However in above scenario, what would family court see this case and decides child custody?

Thanks

 

[Lennon]

The answer really comes down to the proven child abuse and child neglect by mum. She will have limited care if child neglect and abuse are proved.

 

[Muxaul]

The answer really comes down to the proven child abuse and child neglect by mum. She will have limited care if child neglect and abuse are proved.

In this hypothetical scenario, how likely the court would grant one parent, in this case, the dad, sole legal responsibility?