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The Forum > Article Comments > Why are family courts out of step? > Comments

Why are family courts out of step? : Comments

By Charles Pragnell, published 28/2/2013

Every week there are cases where decisions are taken to order children into contact with, and even into the custody of, parents who have abused them.

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This is a disgraceful piece of propaganda. I urge anyone not familiar with the real facts of the case to read the court transcripts which are available on line through the family court website or austlii.
Posted by Rhys Jones, Thursday, 28 February 2013 7:43:11 AM
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Look up the posting history of ChazP on this site and all will be revealed.

"The selective use/misuse of information is part and parcel of any debate." http://forum.onlineopinion.com.au/thread.asp?article=12255&page=0#212833
Posted by Antiseptic, Thursday, 28 February 2013 8:50:11 AM
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As a forensic psychologist who frequently conducts risk assessments for child safety officers in Southern Queensland and northern NSW and for Family Court cases I can vouch for two facts: (1) It is quite possible to conduct a research-based, objective and independent risk assessment in a cost-effective way and provide reliable conclusions to guide court decisions. I'm writing up another one today. (2) Our reports are generally well accepted and regarded as helpful by the courts and, I believe, contribute to the making of decisions that are first and foremost in the interests of the children involved, while taking into reasonable consideration the wishes and rights of the adults. I do occasionally strike Federal and State Magistrates and Judges who, in my opinion, have allowed their judicial authority to go to their heads to the point they believe their personal opinions and attitudes have more validity than the findings of properly conducted scientific research, but in that regard they are no different from other prejudiced members of the community. Perhaps this writer has encountered one of them. Hopefully they will be persuaded by the educational campaigns being conducted by myself and some of my colleagues in both the psychology and law professions. If not, then perhaps by successful appeals against their sometimes unwise and potentially harmful decisions.
Dr Bob.
Posted by drbob, Thursday, 28 February 2013 9:32:04 AM
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Antiseptic,

Good to see you back on board--stick around.
OLO is in dire need of someone with your wit and wisdom.
Posted by SPQR, Thursday, 28 February 2013 9:34:16 AM
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"they allege that the protective parent (and the children) are lying about the abuse allegations; and/or that the protective parent has `coached' the children in making the allegations; and/or that the protective parent is "Deluded" in believing the abuse has occurred or has a non-specific `Personality Disorder", and it is suggested that this has been done by the protective parent in order to "alienate" the children from the other parent."

But this does in fact happen - to read this article one would think that the area of family law is cut and dry but that couldn't be further from the truth. It is a difficult and problematic area filled with hightened emotions and the debris of failed relationships. Finding a good solution is hard, made even harder by having to operate within the bounds of laws written by people looking to and caring only of being re-elected.
Posted by Arthur N, Thursday, 28 February 2013 9:52:34 AM
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I can't help wondering if Arthur N. is also speaking from his own unfortunate experience, in which case he has my sympathy. But it is simply not the case that adults can successfully coach children to lie and easily get away with it. First, research has firmly established that children, from quite a young age, when interviewed with appropriate techniques (i.e. friendly, supportive, with no attempt to lead, just to elicit the child's free narrative) are just as reliable witnesses as adults are, notwithstanding the British legal tradition of regarding children as unreliable witnesses. A growing number of Queensland Police have been trained in these interview techniques and their records of interview survive even my very sceptical review. Second, there are interview techniques and assessment strategies that will reliably identify when a person is not being truthful (not the same as lying, because people may be untruthful for reasons other than intending to deceive). They won't necessarily tell us when what the truth in a matter may be but they will reliably tell us that what this person is saying is not truthful. For example, in a recent case I did in NSW the two long-separated parents, fighting each other for custody of their young child, each accused the other of having alcohol and drug problems while denying they had any themselves. The test I used found, with a research-established 94% level of accuracy, that they both had on-going alcohol and drug problems, information that I hope guided that court's decision-making in the interests of the child as someone needing a responsible adult intent on providing good parenting, not to be treated as the prize for beating your ex-partner in a lying competition.
Posted by drbob, Thursday, 28 February 2013 10:10:38 AM
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