News

Mums told to keep child abuse allegations from family court

LAWYERS are telling mums "to lie to the Family Court" about domestic violence and child abuse because they fear their clients will be seen as trying to alienate the other parent from the kids' lives.

The Family Court's chief justice rejected the allegation, saying there were measures in place to ensure children were safe.

However, a number of experts told ARM Newsdesk they believed if judges suspected "alienation" - which is viewed as emotional abuse of the child - they would award custody to the dangerous parent.

Child sexual assault prevention agency Bravehearts, the National Child Protection Alliance and Dr Deborah Walsh, a domestic violence expert with 20 years experience of the Family Court, confirmed it is common practice for solicitors to warn mothers to keep abuse allegations out of custody proceedings.

Bravehearts founder Hetty Johnston said she would be raising her concerns about this and other Family Court issues at a meeting with Prime Minister Malcolm Turnbull next week.

Bravehearts is backing a petition for the Federal Government to roll out a royal commission into Australia's family law system or to expand the terms of reference of the Royal Commission into Institutional Responses to Child Sexual Abuse so it can examine how the Family Court is "failing" children.

Ms Johnstone said she recently spoke to a mum who was told by two legal experts not to bother telling the court about concerns her daughter was being abused.

The woman reported the abuse to police but there was not enough evidence for an arrest, Ms Johnstone said.

"She was told that if she was to do that (lodge the paperwork alleging abuse) the court would frown upon it," Ms Johnstone said.

"She would be viewed by the court as a vexatious mother, bringing about these allegations and coaching her daughter in these allegations - all of the things we've been hearing for 20 years."

RELATED: Family Court of Australia responds to Abbey petition

Can Abbey's heartbreaking story spark family law reform?

National Child Protection Alliance president Maurice Kriss said lawyers were so concerned about putting abuse reports before the court that some refused to represent the non-abusive clients who wanted to tell the truth.

"The solicitor in some cases will refuse to take on the case because he knows in advance the outcome and he doesn't want the stress of fighting a losing battle or, losing a case that will damage his reputation," Mr Kriss said.

"Because of equal parenting laws and attitude of judges towards equal parenting, this is something few solicitors wish to challenge."  

Dr Walsh said re-adjusting the royal commission's investigation framework would ensure any Family Court failings could be investigated in front of the Australian community.

"Yes, I have heard of it happening on a number of occasions," the University of Queensland family violence researcher and lecturer said of the unorthodox legal advice.

"It's very common in domestic violence services for us to hear women be given that sort of advice.

"The commission of inquiry at the moment has uncovered a whole range of institutional abuse of children in care and so their frame of reference could be used to investigate on behalf of the children.

"People come into the family court thinking about justice and ultimately lose their children."

Family Court of Australia chief justice Diana Bryant said she doubted the legal profession was advising people to mislead judges about abuse and that there was legislation in place to protect children.

"I doubt that it is true. I hope it's not true," Chief Justice Bryant said.

"I do understand that these are people's perceptions and they arise from very complex situations.

"The act provides for matters to be raised with the court and they should be.

"No one should ever suggest it's not appropriate in any way (to raise allegations)."

Law Council of Australia Family Law Section chairwoman Wendy Kayler-Thomson said experienced lawyers would not advise their clients to lie to the Family Court.

"The Family Law Section rejects ... allegations about the way that allegations of child sexual abuse are dealt with by the Family Court of Australia," she said.

# If you are at risk of sexual assault or require support please phone Bravehearts on 1800 272 831; If you are at risk of domestic violence please phone the national hotline 1800RESPECT on 1800 737 732.

 

Heart-broken mum lobbies for family court investigation

MORE than 40,000 people have signed a petition calling for a royal commission into Australia's family law system.

A West Australian mother started the petition in the wake of her daughter Abbey's suicide three years ago.

The 17-year-old killed herself after a family court judge forced her to spend time with her convicted child sex offender father.

"The family court system failed my little girl," the petition, supported by Bravehearts, says.

"They failed me, a protective mother, who in my attempt to protect my children from contact with their abusive father, was dismissed as a 'hysterical woman' and a 'vindictive wife'."

Abbey's mother goes on to describe how the family court believed her daughter should have a "meaningful relationship with both parents".

"The court restricts children from doctor and counselling visits during legal proceedings, discounts their word against a parent's, views reports of sexual assault as vindictive and favours the most financially stable parent," Abbey's mother says.

"It's shameful and dangerous."

To sign the petition visit www.change.org/p/the-family-court-allowed-a-convicted-sex-offender-access-to-my-little-girl-now-she-s-dead?

# If you are at risk of sexual assault or require support phone Bravehearts on 1800 272 831.

- ARM NEWSDESK  

Topics:  belinda cox child abuse child sex abuse domestic and family violence editors picks family court maurice kriss micah projects


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Border Bushrangers U18s withdraw from TRL

GAME SHAME: Damian Petrie got the Border Bushrangers into training mode on January 18.

Low player numbers see Under-18s withdraw from competition.

Water meter readings set to begin across region

SDRC Water Officer Daniel Talbot reads a water meter.

Residents urged to ensure their water meters are accessible.

One Nation yet to announce candidate for Southern Downs

One Nation leader Pauline Hanson and state leader Steve Dickson.

One Nation will contest the Southern Downs in the state election.

Local Partners

Un-American tale makes Lion weakest link in Oscars line-up

PSYCHOLOGY researchers find US films and actors most likely to win accolades at the Oscars.

Buskers descend on Stanthorpe for championships

Kenny Slide performs at the National Busking Championships South East Queensland event in Stanthorpe on Saturday, February 25.

All manner of music has filled the streets of Stanthorpe.

Living End, Grinspoon stars hit stage for American Idiot

Chris Cheney of The Living End stars in the Australian production of Green Days musical American Idiot at Brisbane's QPAC Theatre.

TAKE a look behind the scenes of Green Day's American Idiot musical

Samuel L Jackson dismisses La La Land ahead of Oscars

Ryan Gosling and Emma Stone in a scene from the movie La La Land.

Hollywood actor and Oscars voter says Denzel should win top gong

Live performance of Sci-fi classic to open Science Festival

Qld Symphony Orchestra perform live to 2001: A Space Odyssey.

Festival will host A Live Presentation of 2001: A Space Odyssey.

Former Family Matters stare accused of child abuse

Reginald VelJohnson, left, and Darius McCrary arrive at the TV Land Awards on Sunday, April 19, 2009 in Universal City, Calif.

Darius McCrary has been accused of child abuse

The trick homeowners are using to buy more properties

Chantelle Subritzky leaves her home each week for Airbnb guests.

Queenslanders are going down this path to help pay their mortgages

Stunning home blends South Pacific beauty with Orient style

Immaculate residence with two outdoor living areas

$140k damage: landlord says property trashed, contaminated

He had what he calls "the tenants from hell"

Submarine, buses and 3000 tyres removed in $100K clean up

The list of things removed from this property is beyond astonishing

Ready to SELL your property?

Post Your Ad Here!