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The Forum > Article Comments > Family Law Act: too little, too late > Comments

Family Law Act: too little, too late : Comments

By Patricia Merkin, published 7/12/2010

It is likely that child protective amendments to the Family Law Act will be significantly watered down for political motives.

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So anti can be precluded from seeing his kids because he is presumed to be a danger to them in the absence of evidence, And Jacksum claims that overt physical harm requiring hospital treatment went without anybody commenting, despite the fact that for years, all hospital staff are liable if they do not report even "suspected" instances of violence, even when the patient denies such?

Someone in the family violence reporting section somewhere is criminally negligent in Jacksums case, at the very least.

Go to it Jacksum. There *will* be a paper trail.

Duty of care is a big thing these days.

Rusty
Posted by Rusty Catheter, Sunday, 19 December 2010 6:55:46 PM
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Thanks Rusty, but its too late, nephew damaged mentally. Sis was too scared at the hospital. Finally had the guts to report, she'd changed her story, therefore couldn't be believed, although apparently her reaction is common. Emergency treated it as accident, she was admitted and operated on. You have to report at the time, no matter why she couldn't, she has lost credibility with the criminal system. It was 'just assault' -after six months, too late to backtrack according to police. Wonder how awake the emergency staff were, but police were never called.
when she went for the AVO, the assault was irrelevent - AVO is about fear of violence in the future, not the past.

He's so cagey - tried to run them off the road twice,much more - family always on high alert, but police wont do anything because it's her word. the boy can't give evidence against the father, he just has to go back there and say nothing. he just has no faith in adults.

Her f/c solicitor didn't warn her what lay ahead, so no idea she'd be seen as the bad parent because she spoke honestly of the violence and her fears for the boy. $100,000 later she had to agree to shared care or her own solicitor said she'd lose all contact. There's no more money to fight, she cant get him help, and the legal aid solicitor is hopeless. That poor kid - he has no voice, no support. I think the father may be a psychopath, because he just has no sense of what he is doing, except beating up on them for leaving. She was threatened by DOCS to leave or they'd take the boy, but where were they in Family Court - the supoened records were incomplete but no one cared. I had no idea this sort of thing happened, until it happened to us. I'm watching my sister get sicker and sicker from trauma and fear for my nephew I guess - it doesn't stop. Her business is suffering. What can I do?
Posted by Jacksun, Sunday, 19 December 2010 7:33:45 PM
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Just read your last couple of posts Jacksun and not followed others posts.

How old is your nephew?

I may be able to offer some tips from long term experience.
Posted by we are unique, Sunday, 19 December 2010 8:42:10 PM
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I have read all of your posts Jacksun, your nephew is ten years old which is a positive in this situation for a number of reasons.

Send Graham this part of the thread and ask him to release my email address for you to contact me prior to Christmas.

I know the tracks on this one [well].

Your nephew will be okay around his father if you follow the strategies on offer.

Be strong and contact me.
Posted by we are unique, Sunday, 19 December 2010 8:56:12 PM
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Jacksun - there seems to be little doubt that your ex-brother-in-law has Sociopathic Personality Disorder which is common among those who use violence on others. Lack of emotions, feelings, and empathy are significant elements in their personality and are usually accompanied by narcisissism and a complete lack of self-awareness. The more intelligent sociopaths tend not to use physical violence but instead resort to mental cruelty and cunning manipulation. They can never admit blame or responsibility or faults in themselves or that they can ever be wrong. You may wish to examine some of the previous submissions in this thread to see examples.
Here is some information concerning domestic violence and some of the protective measures which victims can take.

http://www.youtube.com/watch?v=10PYNKYxThg&feature=related

It is the sociopaths who tend to be evident in `high-conflict' Family Law cases and their cunning and manipulation and even grooming of the professionals involved is clearly apparent. Power and control over others is the central feature in their lives and if denied this or thwarted from such goals, this is when they become physically and/or mentally aggressive. (including passively-aggressive). There is no treatment of any kind for sociopaths but often they bring about their own downfall in a number of ways.
Posted by ChazP, Sunday, 19 December 2010 9:38:46 PM
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I dont know who Graham is, or why the information about what to do cant be given here please?

My sister is terrified if we make waves she'll be punished again by the court so i am reluctant to give names etc. I don't know how he can ever be 'ok' with his dad who is a nasty bully, always putting him down, always denigrating the mother and the boy for when he says he misses her, and in his desire to get my sister to go back to him, he's prepared to frighten the boy if he is with her. So my nephew is getting more and more self-destructive and angry.

I dont know who we are unique is but thank you for your ideas. I don't really understand what you are suggesting.
ChazP that's frightening, that they can't change.

What brings them undone?
Posted by Jacksun, Monday, 20 December 2010 7:08:00 AM
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