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The Forum > Article Comments > Safety first in family law is long overdue > Comments

Safety first in family law is long overdue : Comments

By Elspeth McInnes, published 16/11/2010

Proposed changes to Australia’s Family Law Act will better support children’s safety.

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RIZ

Where are you riz, I set a trap for you, I want you to fall into it for my own entertainment.

diver.
Posted by diver dan, Friday, 19 November 2010 10:55:05 AM
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Re: Parents advised don’t mention abuse? They do indeed. But many may not foresee the difficulties ahead if they are first-timers in courts. A child makes a scary disclosure of what is offensive and horrifying to the other parent, the parent's role is to protect - they report as they think they are supposed to, have no idea how the system doesn't care less about sexual assault ‘cos it has more important things to do than act for an underage child in the adversarial criminal system'. Too much paper work, not enough success (1% of reported cases) So Docs tell the non-abusive parent to move out. Voila! the child no longer at risk' and off the stats. Doesn't mean abuse didn't happen, doesn't mean child isn't at risk, just means it ain’t going to court, and the Briganshaw standard can't be met. And 'stats' do not include status of alleged offender.
Define Child Abuse? Thanks for the NSW definition Robert, but my point was no NATIONAL definition at law, state and federal, and accepted through agencies.
I earlier referred to "the real protectors of children of either gender."
Robert answered "I don't think any one group stands out as being "real" protectors of children. Individuals may play a real role but of those in the public eye who do the biggest trumpet blowing about protecting children seem to put other agenda's ahead of children's protection. Children are too often used as pawns to get better outcomes for their parents or to deal with the individuals own issues with the other gender. He asks ‘Who did you have in mind as real protector's of children?
answer:Since we are talking Family Law, any parent and practitioner who understands the limitations on the protective parent, the state inadequacies, the idiotic criminal system as relates to kids, and the real well-being of the child. Not a group, a gender – or a a team. So many are alone, trying to do what's right, what's safe, what's expected of a good parent.
Posted by Cotter, Friday, 19 November 2010 10:56:50 AM
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Typically what happens is that the definition of DV gets expanded to include all sorts of issue, but as ChazP does, and others as well, they use physical violence and injury to justify the expanded definition.

Basically there are two types of violent perpetrators, the first one has always used violence as a means of dealing with issues.

Well there are three, there is the drug and alcohol affected person. Barring any issues of mental illness or brain injury.

The third is where violence occurs in reaction to a stressor, or multiple stressors. Like I wrote before when my niece was raped, I wanted to out and find the bloke and do a large number of things to him.

Over time these feelings basically resolved themselves. Mind you if he had been standing next to me, the results may have been very different.

In some cases it is easy to esculate a situation until there is a violent outcome, such as shown in Tom's Tale.

I dont know if anyone remembers teasing someone at school until they cracked it and exploded, sometimes someone got hit or something got broken.

We only have to see it in some of the posts here, where the writer of that post is trying to push emotional buttons to incite a angry emotional response.
Posted by JamesH, Friday, 19 November 2010 10:59:50 AM
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someone wrote: 'what about women who commit suicide or neglect themselves following a relationship breakdown? Do you show the same degree of contempt and lack of empathy towards them. Answer: Suicide is an awful, growing reality in this country where so many are depressed and not getting the care they need for many many reasons. But I know of no women's group who promoted the idea that 5 women a day commit suicide because of Family Law as a FR group did of men. A wrong stat, and one that disregarded the many reasons a person might feel hopeless and helpless enough to end it all.

The pied Piper wrote of the criminal law 'an accused parent exits innocent or guilty'. No, they dont. They are either guilty, or not guilty. Not guilty does not mean they did not do it, it means the prosecution was unable to prove the case on the evidence that was allowable and admitted, 'beyond a reasonable doubt'. Family Law is 'balance of probabilities', but in child sex cases, the court uses a standard set in 1938, which is 'BARD'

Robert suggests: The alternative is to let child safety and assault be issues for the relevant criminal law and the groups which should look after them. You do of course realise that a prosecutor is NOT on the victim's side, that the victim has no legal representative, that the way the criminal law works is very weighted against the victim, who has no right of appeal? Who is not a party to the proceedings.

And which groups Robert? Please find me one?
Posted by Cotter, Friday, 19 November 2010 11:01:35 AM
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Of the growing problem of rape of drunken women, I am so thrilled with the comprehension 'she had it coming!' First, Dear Anti, ‘getting laid’ is not meant to be the same as rape of s drunken woman'
Would you say the same of the growing rape of our young men, drink spiked and raped? Check the victim stats (not that you can trust stats) of the young men whose lives are destroyed, the fear of AIDS etc that follows these 'no consent' issues.
And if women are the rapists would you say 'he had it coming' or he went out expecting to be laid and now wants to cry victim?
Robert wrote: People pushed to the edge and treated as abusers without any any sign of fair treatment are less likely to act responsibly than they might otherwise do. Do you ever consider what it is like for a genuine protective parent to be unable to protect their child who is being abused, and be unable to stop it?

Benk challenged: If a bloke abducts his kids and later claims that he was doing it for their protection, will you support him? Will the court? Yes, in fact I have done that and fallen foul of DOCS and the Family court/federal police. Because his kids were at risk from the mother's new boyfriend.

chasp"In 2000 Mullane J identified that family violence presents a multi faceted danger for children including a risk of violence and injury to the child personally; blah blah blah Words are one thing but I've heard the ex-judge in action. I wanted to slap him for his nastiness, ignorance and bias which placed a little boy at risk. he's safe now.

Anti :Which gender makes the highest number of false claims of abuse? - fathers don't belong to it. And which group do you think makes the most FALSE DENIALS anti? And i think a lot of that is because perpetrators don't see themselves for what they are - abusers. 'I dont hit' (I just pinch, punch holes in walls, conrtol every cent, etc
Posted by Cotter, Friday, 19 November 2010 11:06:12 AM
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Cotter ": 'what about women who commit suicide or neglect themselves following a relationship breakdown? Do you show the same degree of contempt and lack of empathy towards them. Answer: Suicide is an awful, growing reality in this country where so many are depressed and not getting the care they need for many many reasons. But I know of no women's group who promoted the idea that 5 women a day commit suicide because of Family Law as a FR group did of men."

Nice try,

However a larger percentage of successful suicides are male, basically one male dies from his own hand about every 4.5 hours. where if I recall the female rates is around one a day.

More males die from suicide than the national road toll, and it is suspected that many or some of the single vechile, single occupant fatalities are in fact suicides.

Relationship breakdown, and the family court are just part of some of the factors to do with suicide.

Go to the DIDs website and read some of the stories there.

As desirable as it may be, the CSA does not correlate data on the terminal termination of payers, whether it is though illness or suicide.

The coroner does not as far as I know investigate very far into suicides as to what circumstances that occured previously that may have contribuited to the suicide, unless that person has a mental health history.

So basically they can say the data does not support that, because the data has not been collected, and no-one is prepared to or perhaps more correctly fund the research. Unless they can come up with a research methodology that can effectively hide a can of worms.
Posted by JamesH, Friday, 19 November 2010 11:23:12 AM
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