The Forum > Article Comments > Family Law Act: too little, too late > Comments
Family Law Act: too little, too late : Comments
By Patricia Merkin, published 7/12/2010It is likely that child protective amendments to the Family Law Act will be significantly watered down for political motives.
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It is a considerably more detailed study than dear old Thea's rather limited effort, but it has a few teemsy flaws.
Firstly, it is Canadian. the Canadian legal framework is a great deal different to the Australian one and is extremely gynocentric. Substantiation is much easier in Canada because the definitions are so broad as to include almost all normal human interactions that involve any kind of conflict or disagreement.
Secondly, the definitional expansion that has taken place in Canada makes it meaningless to compare Canadian data with Austrlian or any other data sets.The study itself acknowledges the problem:
"Definitional confusion is a common source of misunderstanding in the debate about the problem of false allegations of abuse. Rates on unsubstantiated abuse typically reported by child welfare services
range from 30 to 70%."
So, I'm sorry, Patricia, you'll have to do better than that if you want credibility, I'm afraid.
You might like to look at this link for a clearer view of the Australian situation.
http://www.aifs.gov.au/nch/pubs/sheets/rs1/rs1.html
Just under 30% of investigated claims were sunstantiated, but less than half the claims were thought worthy of investigation. IOW just about 15% of all claims were substatiated, or 1 in 6.
happy:"an inquisitorial jurisdiction encompassing the recommendations of the Family Law Council 2002. "
How does an inquisatorial Court fit into the Westminster framework, do you think? And who shall pay if the allegation is unsubstantiated? Will the falsely accused be reimbursed for costs?
happy:"The excuse that mothers more often are the so-called abusers of children is a common myth by people who advocate for the so-called "father's rights" agenda. "
Patricia, repeating the same misinformation doesn't make it magically correct. One of the great difficulties in understanding the trends in child homicide is the lack of data collected by crime reporting agencies. However, the report below does
http://www.mja.com.au/public/issues/190_01_050109/nie10592_fm.html
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