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The Forum > Article Comments > Child abuse in the Family Court > Comments

Child abuse in the Family Court : Comments

By Sunita Shaunak, published 29/7/2008

The prevailing view of 'highly qualified experts' used by the Family Court is that many protective parents lie about their child's abuse.

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A very interesting discussion, thanks all. I was staggered to read the total volume of abuse claims made, but it didn't surprise me that it would be high. When a relationship breaks down, there is a massive and well-publicised support industry for mothers, especially ones who claim abuse. It s hardly surprising that a woman who has just ended her relationship might seek the extra assistance offered to her in return for her claim of abuse, true or not.

Having seen at first hand how much support is marshalled for a woman making a false claim of abuse and how contemptuous the courts and police are of the rights of the one falsely accused, I have no time at all for those who claim justification on the part of false accusers. I spent 7 months and several thousand dollars battling to even get a hearing when my ex-wife claimed violence in that I had raised my voice and sworn and the whole time I was being urged to "just accept it without admission", while my children were kept from me as "We cannot take the chance that the allegations may be proven". As well, the whole time the matter was before the Magistrate's Court, the Family Court refused to hear the custody matter - thus leading to greater expense for me and yet more time wasted for my children.

Women can and do tell lies for their own perceived gain and to hell with the kids or anyone else. I'm very pleased to see that Chief Justice Bryant has the courage to say so. No doubt there will now be moves afoot to get rid of her.
Posted by Antiseptic, Thursday, 31 July 2008 8:23:36 AM
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I note with some disgust that writers such as antiseptic and sam base their opinion of one half of the human species (the female half) on their personal experiences. It is uncontrolled spite, vitriole, malevolence and uneducated hysteria such as evidenced in their posts which seeks to re-focuss the debate onto fabricated gender issues (and their certainty that women are ALL like their ex) rather than focus on what might improve the situation of children living in an unhealthy situation and the plight of sincere parents (fathers AND mothers) who actually care more for their child than they do for derailing a debate in order to fulfill their personal needs for revenge on their ex and for reinforcement by similarly wounded people. It is noteworthy that in your shamefully ignorant and embarrassing rants, you do not address the legal process itself and the appalling risk factors associated with choice of lawyer and with which registrar is allocated to your case. Wake up.

After considerable reading of articles about the sorry state of child protection in this country as well as the Family Court and Childrens Courts, I can only agree with Chaz who has highlighted the shortcomings of the legal system. It is this which must be addressed in order to prompt the powers-that-be to take action which will result in safety for children.

continued...
Posted by ChildAdvocate, Thursday, 31 July 2008 10:45:57 AM
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It is insane to claim that while reporting of child abuse to state authorities, DV interventions and sexual abuse caseloads in courts (brought by adults who were abused as children and can now speak up) are increasing, all cases involving abuse allegations in the Family Court are fabricated by mothers. Please seek appropriate emotional help for yourself and/or get an education. Let us not forget that a significant volume of abuse allegations are made by fathers against mothers and that fathers are having reduced contact as a result as the court deems that their allegations are baseless.

Should allegations be properly investigated by suitable qualified workers and if child psychology specialists became registrars instead of barristers being appointed, we would see much better outcomes for mothers and fathers and children. Here is a suggested solution in black and white, for the writer who accuses participants of not proposing any solutions. Now what do you want to do, loving parents? Fling dung at the opposite sex or write to your local member about upgrading the system so that child welfare experts are appointed to the bench? Which option do you think will focus genuinely caring parents into useful action and which option will create more frustration and angst while achieving nothing towards improving the situation for our nations children? Are you being self-serving or are you thinking of the big picture? Wake up.
Posted by ChildAdvocate, Thursday, 31 July 2008 10:48:50 AM
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Child Advocate, I recounted my own experience, which is most certainly formative of my views of the process. I HAVE BEEN falsely accused, which means IT DOES HAPPEN. My conclusion is therefore entirely valid.

Let me point out that you have also recounted your experiences, and no one has chosen to tell you that your opinion is somehow invalidated as a result. Instead of being irrational and abusive, you might like to consider that little point. We are all the sum of our experiences, even those of us who don't happen to conform to the feminist ideal.

Now, if you want to have a rational discussion on the topic, I'm all for it. As it happens, I'm all in favour of more properly-qualified people being appointed as Family Report writers and as Child's Representatives. I also happen to think that there are some very good people in the role already, if my own experience was anything to go by. They were directly responsible for giving my kids their father back, despite the best advice of the girls down at Women's Legal Aid Qld to the ex.

As I said, the industry devoted to assisting women with Family Court matters is huge and pervaive and almost impossible for a woman receiving a Government benefit to avoid, even if she has no malice toward her estranged husband. They know what works and claiming abuse is always worth a go. It's almost pro-forma.
Posted by Antiseptic, Thursday, 31 July 2008 1:15:02 PM
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Some good posts, Robert, Chaz, ChildAdvocate, to name a few.

Antiseptic, from my experience, legal aid lawyers are NOT the best performing lawyers in any field. That's why you 'won' your case. Cut the anti feminist rant. Your lawyer was simply better than your ex's legal aid lawyer.

The courts have their place in property disputes, but not in parenting disputes. Our system is an ADVERSARIAL system. ONE party has to WIN. It is not geared towards coming to any reasoned workable arrangement for parenting responsibilities.

For all the cases that go to court there are many more that do not require the court for parenting arrangements.

Parenting issues result in disagreements between intact couples, a bitter separation only compounds that. That's a given.

If there is a case of criminal behaviour, eg physical, sexual abuse that's a criminial court matter, not a civil court matter, such as a family court.

Issues of criminality and property need to be kept seperated from parenting issues. Parenting issues do not belong in a court of law. That's the last place where they should be heard. It is so open to, at time repeated, abusive use by a parent it is not only cruel to children, it is an unacceptable cost and use of court time.

Custody denotes ownership. Tables, chairs and aunty Daphne's ring can be owned. Human beings, which children are, cannot.
Posted by yvonne, Thursday, 31 July 2008 8:24:40 PM
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Can I suggest that those who sincerely want to inform themselves research the psychiatry of child abuse including child sexual abuse and research "Parental Alienation Syndrome" or PAS, and psychiatrist Richard Gardner, who concoted it.
It has been proved to be used by the Family Court and its "experts". It is pro-paedophilic.

It might also be useful to research true "Alienation" and true "Estrangement".
Work has been conducted on this by Bruch, Johnston, Pragnell and Quadrio to name just a few.

Lawyers in other specilaities repeatedly tell me that they won't have anything to do with the Family Court becuase it is well known amongst them that it absoluetely fails in what it is supposed to do.

The repeated comments I hear are that if you can't get into any other field. go into the Family Court and practice there.
It says a lot about the true value we place on our children.

It was William Wilberforce who said, and I think it is highly relevant here.."You may choose to look the other way, but you can never again say that you were not told".

We are, I personally believe, on the pinnacle of unprecedneted exposure on this planet of the truth,in many, many areas.There is never anything wrong with the truth, it just is.It also remains the most powerful force on this plane.

It was RFK, in what I believe was his last speech before his assissination, who said .."Fear not the path of Truth for the lack of people walking on it".

I firmly believe that generations to come will be horrified by what was allowed to happen to our Children in the Family Court of Australia.Another Stolen and Broken Generation has been created by the Family Court in this country.

Gandhi said "Truth alone will endure.. all the rest will be swept away before the tide of Time".

Let us see what that old and trusted friend of ours, Time and the unstoppable forces of the truth actually expose about Child Abuse in the Family Court of Australia.
Dr. Sunita Shaunak
Posted by SUNITA, Friday, 1 August 2008 8:03:41 AM
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