The Forum > Article Comments > Mischief in the Family Law Act > Comments
Mischief in the Family Law Act : Comments
By Patricia Merkin, published 30/6/2011Broadening the definition of domestic violence will ensure children's safety.
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There was a big leap forward in family law, right now there is a push to reverse much of that based on broadened definitions of DV and more action based on accusations without safeguards. Some seem to think that the existence of an unsubstantiated allegation should be sufficient to set residency. Others are convinced that no-one should ever need fear a false allegation in the midst of a residency dispute.
That's occurring concurrently with a push to introduce profiling statements about DV into various acts which identify males as the primary perpetrators of DV.
The supporters of the proposal make a point of almost exclusively highlighting examples of men who have harmed children and trying to portray the situation as though the only real risk to kid's was their fathers (and sometimes other men) yet that stands in stark contrast to substantiated child abuse stats. They highlight the harm done to kid's by witnessing DV but rely on heavily gendered views on DV.
I gather that you are not convinced that DV is not substantially genderised but I think that you've got the point that DV initiated by women is not so minute as to be not worth mention as claimed by ChazP http://forum.onlineopinion.com.au/thread.asp?article=12255#212360
I've not seen a good breakdown on the why's but there has been a drop in substantiated child abuse across Australia during the period that the changes have been in place (I've linked to material on that a number of times).
Those pushing for changes continue to rely on selected cases where the courts may have got custody wrong ignoring all the times they got it right and the harm done by the adversarial, winner takes it all system they favour.
There is room for improvement but improvements to child welfare won't come by making the system more open to manipulation and further entrenching gender bias and conflict.
R0bert