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:  child abuse child sex abuse domestic and family violence editors picks family court



Brisbane's arts and culture events centre stage

A CITY drenched in culture, Brisbane is again flaunting an arts and culture events calendar fit for a queen.

Homewares stores to fulfil your Instagram dreams

No Caption

You too can become an Insta-star with these fab stores.

Date nights under $50

Nothing is more romantic than a picnic with a cracking view.

NOT every date has to cost you a bomb.

Top 10 Brisbane experiences to cross off your bucket list

Do yourself a favour and get amongst the food truck scene. Eat Street is a great place to start.

A GOOD bucket list doesn’t have to span continents or cost millions.

Six mega sporting events you need to be at this year

Don't miss all the action trackside this season.

IF THERE is one thing Brisbane does damn well, it’s play host.

Six reasons to get to Brisbane this Autumn

The Brisbane Powerhouse has free comedy on Friday nights.

AUTUMN has to be up there with one of the best seasons of the year.

The best things to do in Brisbane are FREE. Yes, FREE

Mt Coot-tha is a seriously gorgeous way to start your day.

HEADING to the big smoke doesn’t have to come with a big price tag.

The Observer farewells one of our own

Beryl and Len Sutherland cut the farewell cake during the function their Rotary Club put on for when they left Gladstone.

Tributes flow for well-known community man.

'Game on': Tensions rise over regional link road development

Agnes Water residents show their displeasure.

Local Partners

Better phone service for Gladstone's regional towns

Telstra: "This technology is delivering big benefits to these rural and regional communities”


Win a $1000

GROCERY GIFT CARD!
Learn More

What to expect at Birds of Tokyo's Ipswich gig

The band will perform at the Racehorse Hotel on Friday.

BAND member Glen Sarangapany talks music, pub grub and doing shoeys

What public holidays are left in 2017

Ipswich residents will get the day off tomorrow for the show.

IPSWICH residents will get tomorrow off for the show

Caitlyn comes home to launch debut album

Gympie's Caitlyn Shadbolt will launch here debut album Songs On My Sleeve at an exclusive all-ages concert in Gympie on Friday, May 26.

Win tickets to Caitlyn's album launch

Hervey Bays to star in international horror flick

A great white thriller that had scenes filmed on the Fraser Coast has been picked up by a major US movie studio.

Cher, 71, and Celine Dion wow world at Billboard Awards

“I’m 71 yesterday and I can do a five-minute plank, OK.”

Judah's return to The Voice stage is a knockout

Judah Kelly performs during his knockout round on The Voice.

QUEENSLAND singer nails Adele hit.

Wentworth star Daniielle Alexis: "I was born a boy"

Wentworth star Daniielle Alexis has revealed she was born a boy

Dwayne Johnson, Tom Hanks announce White House bid on SNL

Dwayne Johnson is “officially” running for president in 2020

What to expect at Birds of Tokyo's Ipswich gig

The band will perform at the Racehorse Hotel on Friday.

BAND member Glen Sarangapany talks music, pub grub and doing shoeys

The Voice: Kelly Rowland stunned by singing trio’s demands

We feel your pain, Kelly.

Trio refused to sing anything but Gospel songs

New tool reveals which areas are most 'vulnerable' for renters

An aerial shot of Agnes Water main beach. According to new information, people renting in the region are more vulnerable than those in Gladstone suburbs.

Big differences between living in Gladstone and outer areas

The face of the Sunshine Coast's overpriced rental crisis

Alyx Wilson had to rent a $385 unit in Currimundi because the market was too competitive for cheaper rental housing. She is now renting a room from friends who own a house in Currimundi, and says its much more affordable.

Young people feel the strain in competitive, expensive rental market

WATCH: Take a tour of a tradie's dream home

5a Bruce Hiskens Court, Norman Gardens, going for $720,000. INSET: Lea Taylor.

Huge block with potential for anything

Deputy Premier makes massive call on controversial sand mine

Aerial view of the proposed Forest Glen sand mine.

BREAKING: State Government makes huge call on Coast sand mine plans

Ready to SELL your property?

Post Your Ad Here!