Articles

Child Abuse and the Family Court Thea Brown, Margarita Frederico, Lesley Hewitt & Rosemary Sheehan

The authors discuss whether the Family Court is equipped to manage those cases that come before it where child abuse allegations have been made. They look at the problems surrounding this matter and report on a recent research study which found that these families have many difficulties, including a history of family violence. The study challenges the community belief that false allegations of child abuse are more common in Family Court cases than in other situations. This paper is taken from the report of research undertaken with the assistance of a grant from the Criminology Research Council.

Why Is Child Abuse an Accepted Norm in Australian Society? By Dr Chris James

Early in 2008 the Australian Government embarked on the task of creating a NATIONAL FRAMEWORK FOR PROTECTING AUSTRALIA’S CHILDREN. The government’s discussion paper Australia’s Children Safe and Well was released in May 2008[1]. This followed public outrage over the growing number of child abuse cases that included the rape of a 4 year old girl in Perth by a babysitter;[2] a father who was accused of drowning his children by driving them into a dam in Victoria[3] and numerous accusations of sexual abuse carried out against students in religious schools by clergy across Australia, some resulting in convictions. Teachers in states schools have also been prosecuted for sexual misconduct. Then there was the case of a 2 year old girl found to have a sexually transmitted infection as reported by the ABC on the 17th July 2008[4]. This is not even the tip of the iceberg. Almost every week the media seem to report another horrific case of child abuse, murder or neglect.

The myth of false accusations of child abuse Prepared By Dr Michael Flood

Summary

Myth:

Women routinely make false accusations of child abuse or domestic violence to gain advantage in family law proceedings and to arbitrarily deny their ex-partners’ access to the children.

Facts:

Allegations of child abuse are rare. False allegations are rare; False allegations are made by fathers and mothers at equal rates; The child abuse often takes place in families where there is also domestic violence; Allegations of child abuse rarely result in the denial of parental contact.

ABSTRACT OF FAMILY COURT AND CHILD ABUSE BY STEPHEN PAGE

The Family Court deals with sexual abuse allegations on a daily basis. Stephen explores the cascading test employed by the Family Court in dealing with sexual abuse allegations, including dealing with a number of case examples.

Child Sexual Abuse Allegations in the Family Court By Wendy Lee Foote

A thesis submitted in fulfilment of the requirements for a degree of Doctor of Philosophy in Social Work. This research is concerned with decision-making in judgments made in the Family Court of Australia where there are allegations of child sexual abuse. The focus of the research is the identification of the concepts that are relied on in the assessment of these allegations by professionals providing evidence to the court and how judges determine what evidence should be given weight and relied on.

A Submission: The Failure of the Family Courts to Protect Children from Abuse in Custody Disputes: The Inadequate Policies of Child Protection’s ‘Risk Assessment’ Procedures and the Urgent Need for Research on the Impacts of these Procedures on Abused Children and ‘Protective Parents’. By Dr Christine Anne James

Dr Christine James draws the government’s attention to the inadequacies of the Family Court system and Child Protection Services to properly protect children from incidents of neglect, violence and [sexual] abuse particularly during and/or after custody disputes. It is also my aim to point up the failure of ‘risk assessment’ procedures used by the Child Protection Service, which includes their failure to act on complaints of child abuse when there is obvious evidence of risk. Further, it is my aim to draw attention to the reluctance of State Governments to properly investigate their statutory agencies when complaints are made against them, in particular when those complaints cite unethical behaviour such as multiple relationships.

Books

Child abuse and family law: Understanding the issues facing human service and legal professionals-Thea Brown & Renata Alexander

Draws on pioneering research to identify the causes, features and impact of child abuse in parental separation and divorce. Professionals working with these families, including early childhood practitioners, social workers and health workers, need to better understand the specific and often severe nature of such abuse to improve outcomes for both the children and their families. Using case studies which outline the legal framework jn which decisions are made by the Family Court, the authors develop a multi-disciplinary approach to give strategies for all the socio-legal professionals involved in the family law system. 'A ground-breaking, comprehensive, honest, well-researched and courageous book that should be essential reading for all politicians and professionals involved in both the Family Court of Australia and state child protection systems.' —Emeritus Professor Freda Briggs AO

Puppet Child - By Talia Carner

Motherhood. The most profound human experience is being put to the test. Rachel Belmore is a poised, determined, yet vulnerable advertising executive fighting to bar her charming former husband, Dr. Wesley Belmore, from molesting their five-year-old daughter, Ellie. Caught in a nightmarish justice system, Rachel’s odyssey takes a turn for the worse when she loses her battle in the court of Judge McGillian. The judge, a gregarious man who believes that he applies the law without prejudice, is nevertheless trapped in his biases, which throw him into the eye of a media storm. His young, easy-going law clerk, Phil Crawford, hides a dark secret as he sets out on a mission to change the fate of children betrayed by the justice system. The compassionate Phil forces his way into Rachel’s plight, but fails to dissuade the Judge from his harsh viewing of her case. To save Ellie, Rachel must take the law into her hands and suffer the consequences. Against the backdrop of media frenzy, corporate indifference, political corruption, family treachery, terrorism and judicial callousness, the story unfolds in blazingly sure-penned prose to reveal loyalty, the kindness of strangers, devotion, passion, and friendship. In a riveting tale of surprising twists, Puppet Child is a moving tribute to a mother who remains dignified, honest and loving as she changes the rules.

Let My Children Go! By Wendy Tileman

LET MY CHILDREN GO is a story of legal abuse of Wendy Titleman's two little girls, protected only by a mother who is discredited, disenfranchised and discriminated at every step of the way. Although no evidence was ever heard in court against Ms. Titleman's mothering skills, she has been prohibited from seeing her two young daughters in over two years. Instead, against mounting evidence of the father's abuse and sexual molestation, he was granted sole custody. It is hard to determine when reading this fast-paced autobiography what is more horrific--the continuing sexual abuse of Amanda and Jessica by their father, the conspiracy of court officials committed to feed one another and protect their mutual incompetence and corruption, the enormous powers a Guardian Ad Litem can commandeer over a family while failing the children she is supposed to represent, the inadequate laws governing family courts which allow a judge discretionary powers for bias and incompetence that are practically impossible to appeal, the outrageous breaking of state and federal laws--including a mother's and children's constitutional rights--or the routine suppression of evidence by all concerned, evidence that could have saved Ms. Titleman's children. Unlike many protective mothers across the nation, Ms. Titleman still musters the financial resources, psychological stamina and (finally) competent legal support for protracted and costly legal battles even after all the doors were slammed in her face. LET MY CHILDREN GO should arouse public outrage in Georgia--the wasp-nest of the story--and bring awareness about the way family courts across the nation punish mothers who allege--and can prove--domestic sexual abuse of their children. As a society, we are only as good as the rule of the law--and as we care and protect our children. Amanda and Jessica are out there, abused and molested, betrayed by our system. They are crying for their mother and they are crying for our nation's help. This book is a must read.