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Gender-based Approach Misses the Mark in Tackling Family Violence : Comments
By Roger Smith, published 25/11/2010On White Ribbon Day, we condemn violence against women. We should also condemn it against men.
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“I don't think anyone (could) can say the family court treats fathers more generously than it does mothers” – my major point is that Family Courts do not have the expertise or resources to competently investigate domestic violence and child abuse (Chief Justice Bryant) but which you choose to ignore, and therefore children are not being protected, whether that is from a father or a mother. An illustration of how Family Courts have tried to compensate ( inadequately) for this deficit, is to appoint virtually anyone to give an opinion about child abuse and domestic violence allegations e.g. Tennison & Gourlay [2010] FamCA 127, as quoted in Aligante & Waugh (No. 2) [2010] FamCA 554 (6 July 2010), where a lawyer was appointed to make a determination regarding sexual abuse allegations. Whilst lawyers may have a great deal of knowledge about legal matters and a range of skills, the investigation of abuse and domestic violence allegations are not among them. Similarly in Aligante & Waugh a court-appointed `Consultant’ was allowed to give an opinion on allegations of child abuse, domestic violence, and rape which were clearly outside of the area of expertise of such a consultant.
In effect, no finding in the Family Courts regarding domestic violence and child abuse allegations since the 2006 Act and probably prior to that, has been based on a competently investigation. So the discrimination has been against anyone, fathers and mothers, making such allegations. But as the vast majority of such allegations have been made by mothers, then they have been discriminated against by the inadequacies of the legal system. Do you get it now?.