The Forum > Article Comments > No safety for family violence victims in family law > Comments
No safety for family violence victims in family law : Comments
By Elspeth McInnes, published 18/10/2006Somewhere in Australia, there are mothers and children who are frantic with dread, anxiety, grief and betrayal.
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Posted by JamesH, Monday, 6 November 2006 8:41:00 PM
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The issue is that while mothers and fathers can and do abuse children, the overwhelming domestic violence perpetrators are male, like it or not, that is a fact. No amount of diverting the issue to mother abuse is going to change the fact that domestic violence is primarily and overwhelmingly a male dominated crime.
The fact is that in cases before the family court, domestic violence and child abuse have become the core business. While only about 6% of all divorcing couples end in litigation over children, keeping in mind that child protection has become the main business of family court, it only stands to reason that out of that 6% there will be a large portion of those case that involve child abuse and its close ally- domestic violence. Here is another research result that father’s rights advocates would prefer did not exist- “Results of this analysis show that neglect is the most common form of intentionally fabricated maltreatment, while anonymous reporters and non-custodial parents (usually fathers) most frequently prompt intentionally false reports. Of the intentionally false allegations of maltreatment, custodial parents (usually mothers) and victimized children were least likely to fabricate reports of abuse or neglect.” False Allegations of Abuse and Neglect When Parents Separate, Nico Trocmé University of Toronto, Faculty of Social Work and Nick Bala, Queen’s University Law School, Re-Submitted to Child Abuse & Neglect, May 28, 2004 While child abuse by either gender is not acceptable, the insistence by the father’s rights advocates that all the researchers got it wrong just doesn’t fly. The end result is that protective parents are more likely to lose their children in family court because allegations are treated first and foremost as lies by the judiciary. Protective fathers are also not believed, thanks to the insistence by those advocates that insist that allegations are strategic, not genuine. Fox is right when she states that, “Children are often given into the custody of abusive fathers”…The question is when are men going to stand up against the males that abuse their children and then get custody? Posted by happy, Monday, 6 November 2006 9:51:01 PM
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Posted by happy, Wednesday, 1 November 2006 4:49:47 PM
“Rob513264- You are absolutely right- the courts favour the abusive parents every time” You apparently misunderstood my position. I never said anything like “the courts favour the abusive parents every time”. My case was heard in 1990 things may have changed somewhat in the interim but my experience was that the default was that the mother get custody even if she was abusive, if she could cook up a reasonable explanation for her own abusive behaviour – she blamed me for her violence and the judge agreed. It is odd how a husband is not only held responsible for any violence he might commit himself but also for his wife’s violence whereas the wife is held free from responsibility not only for any violence on her husband’s part but also for any of her own. One impression I did get of non-sex based bias in the courts was that, since no-one in court actually knows anything about the people involved and only hear the stories each side tells, those who are prepared to lie and distort what they say to conform to the current biases in the court process are likely to do much better than poor old schlokmos who go in with the naïve idea of telling the truth – especially as the truth is often stranger, ie harder to believe, than fiction, particularly a fiction that is fabricated precisely on the basis of its ‘believability’. Posted by Rob513264, Tuesday, 7 November 2006 12:40:48 AM
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Happy, "The issue is that while mothers and fathers can and do abuse children, the overwhelming domestic violence perpetrators are male, like it or not, that is a fact. No amount of diverting the issue to mother abuse is going to change the fact that domestic violence is primarily and overwhelmingly a male dominated crime. "
Please comment on the findings of http://www.fact.on.ca/Info/dom/heady99.htm A study which attempts to avoid bias in the data collection stage. Can you fault their methodology, identify reasons why the researchers might have sought a particular outcome, explain why the findings are consistant with other similar studies where the data is collected across the community rather from a select target group and where male and female's are treated alike. I've posted details from that study on numerous occasions and no supporter of the idea that DV is overwhelmingly genderised has ever (to my knowledge) responded to it or provided any reasons why they choose to ignore such clear results. Likewise you might look at the figures on substantiated abuse and neglect from groups like the Abused Child Trust, the Child Abuse Clearing House, the NSW Child Death Review Team and tell me why they overwhelmingly misrepresent who is harming kids. Or you can just pretend that independant evidence is not there and stick to your stats collected from womens help lines, female DV shelters and the family court. Always remember to ensure that the study is funded in part by a womens group (or government body with that as an empahasis), the results are much more reliable that way. R0bert Posted by R0bert, Tuesday, 7 November 2006 8:23:04 AM
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Can't comment because link doesn't work, much like the argument that the research that demosnstrates DV is gendered is sponsored by DV shelters and women.
http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20061105/OPINION/611050324/1006/NEWS05 http://www.onlineopinion.com.au/view.asp?article=5077 http://www.xyonline.net/VAWismensissue.shtml Perjorative responses attacking the credibility of these men merely serve to imply that father's rights and men's rights advocates represent those that use violence in their personal relationships. Posted by happy, Tuesday, 7 November 2006 10:19:53 AM
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happy, "Perjorative responses attacking the credibility of these men merely serve to imply that father's rights and men's rights advocates represent those that use violence in their personal relationships. "
So would it be safe to assume that your support for a genderised view of DV implies that you represent women who use violence in their personal relationships or was your comment just another baseless slur against those who have had enough of the particular lies being addressed here. The old "I can't argue the point so I'll throw a nasty insult" tactic. A form of violence by some definitions. The link to the paper was working recently, I copied some findings and summary points to a post. It's also available at http://www.mensrights.com.au/page13y.htm and Professor Bruce Headey, Associate Professor Dorothy Scott, Professor David de Vaus, “Domestic Violence In Australia: Are Women And Men Equally Violent”? in International Social Science Surveys Australia, Volume 2, Number 3: July 1999 if you have access to those types of resources. I looked at the links you supplied but all appeared to be working from very definite assumptions regarding the genderisation of DV and extrapolating from there. None showed any sign of having asked the basic question being raised by Headey, Scott and de Vaus - "Are Women and Men Equally Violent?" I also located another paper by Michael Flood which explains why he does not like the paper I refer to (what a surprise) or similar work. Same problem, he uses some base assumptions and rejects anything which goes against those assumptions. Some food for thought at http://menshealth.uws.edu.au/documents/Dishonesty%20in%20the%20DV%20Industry.doc http://www.abusedchildtrust.com.au/facts.htm#3 http://www.kids.nsw.gov.au/publications/cdrt2000.html If you are actually serious get a copy of feminist author Patrica Pearson's book "When She Was Bad" - the lies about female violence don't just hurt men and children, they hurt women as well. R0bert Posted by R0bert, Tuesday, 7 November 2006 12:18:48 PM
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I do not have the stomach to watch more than about 90 seconds of women abusing children.