Placing Children in harms way: Labor’s Family Law Fiasco



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gillard-attitude-to-the-welfare-of-children-of-divorceMost people by now would have heard the commonly-peddled Julia Gillard-Labor party claim that Australia’s current Child Custody family laws are in urgent need of amendment in order to protect vulnerable children from child abuse.

Putting children’s safety first” is one of numerous newspaper headlines blindly towing this line, resulting in a growing perception that the existing 2006 Shared Parental Responsibility laws had openned the floodgates to rampant child abuse, in the guise of Shared Parenting arrangements.

According to one prominent Green, child abuse is “gendered”, and presumably as a result children should be denied contact with men, especially separated fathers, as a matter of policy. The fact that these same Greens support Gay (male) adoption makes one wonder how a political party that wants to be taken seriously can bring itself to support two completely incompatible policies when it comes to the safety of children.

The federal Attorney General, Robert McClelland, has himself been relentless in his portrayal of the 2006 Shared Parenting amendments as being detrimental to women, and he has vowed to change these laws in order to protect “women and children” from fathers.

Strangely, McClelland has vowed to do this by removing the penalties for false allegations and perjury in the Family Court, and by effectively dismantling measures designed to encourage co-operation between divorcing parents.

According to McClelland’s plan, children’s safety can only be guaranteed by re-implementing a winner-takes-all legal battle between separating parents, where allegations are rampant and hundreds of thousands of dollars are wasted in legal bills.

The goal of child custody determinations as McClelland presumably sees it is to assasinate the character of the other parent, with no checks or balances required to verify the allegations.

One can only surmise that the ultimate goal of the Labor party is to re-eastablish sole-maternal custody as the exclusive and fixed outcome in all child custody disputes, regardless of the quality of the parents involved, or the needs of the children themselves.

Amongst the groups of lawyers, single mother advocates, judges and other self-interest lobbyists who are bitterly opposed to any form of Shared Parenting, the consistent message from all has been that Shared Parenting is bad for single mothers, and as an extension it should be considered a safety risk for children.

Interestingly, facts and statistics on actual cases of children being abused while in Court-mandated Shared Parenting arrangements has been thin on the ground, in fact they have been practically non-existent. This absense of proof has however not dettered these vocal lobbyists, filling this conspicuous void with a littany of innuendo, opinion pieces and gender stereotypes, that does very little to support their case.

Amongst all this rhetoric however there has been a notable silence on the universally accepted and well established social crime statistics on child abuse, which raise critical questions about the wisdom of forcing children back into sole-mother custody arrangements.

Given that child abuse is well recognised as being most likely to occur in sole-mother households, where up to 80% of all child abuse occurs at the hands of the biological mother and/or live-in boyfriend (not related to the child), one has to question why these critics are demanding that children be placed in what is statistically the hotbed of all familial child abuse in Australia.

Adding further questions to the motivation behind these proposed changes has been the attempt to re-write the legal definition of “family violence”, to include behaviour where abuse has not occurred, is never likely to occur, and is non-abusive by any other reasonable measure.

According to the testimony of several experts to the Senate Committee into this bill, it was claimed that this new definition is so broad that it would capture benign day-to-day activities that all people engage in. In fact, one disgruntled Labor backbencher claimed that even “blinking”  can be determined to be family violence according to this new bill.

Even more alarming, the Labor government has also reduced the standard of proof required to prove an allegation of family violence in Court,  to a subjective level.

In fact, allegations will no longer need to be “reasonable” to be accepted as abuse, they simply have to be claimed to be believed.

The impact of this change alone cannot be stressed enough. It means that loopy, bizarre and irrational claims of abuse will be given the same weighting in Court as genuine claims of abuse.

This very troubling dumbing-down of the standard of proof within the Court process will only encourage parents to try and out-do themselves by making the most outlandish allegations of abuse possible, knowing full well that false allegations cannot be penalised.

So it will become a race to the bottom by vulnerable parents who are in the most stressful state of their lives, and most likely to make significant errors of judgment.

And as is well documented in the field of psychology, especially as it relates to Family Law proceedings, parents with personality disorders, persecution complexes and other paranoid and mental health conditions, will have the most potent claims of abuse to make, relying primarily on their disconnected views of the world.

It is parents like these that the Labor Party’s new Family Violence Bill will enable the most, by providing them a venue for all their psychological turmoil, with no requirement to refer to fact or reason by the adjudicator.

And despite the media hype of putting children’s safety first, the most significant outcome of this bill, if it becomes law, will very likely be to reward the parent who makes the most dramatic but unreliable allegations of abuse in Court, and providing this parent with sole custody, often resulting in the ongoing non-transparent care of vulnerable minors.

And the worst thing of all is that this bill will as a result push many cases of child abuse under the carpet and behind closed doors, in the care of people with a history of mental health issues, and the only available safeguard, being the other parent, will have no say, no input and no transparency into the care of their children, until it becomes too late.

Amanda Kelly: Child Protection volunteer

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