Showing posts with label Family First. Show all posts
Showing posts with label Family First. Show all posts

False allegations in Child Custody Cases


For the past few years, mens groups have been going on about how most child abuse allegations are false and often concocted by the mother. They say how "easy" it is, are able to demonstrate in detail on how such an act can occur. It is then, no surprise that the latest research on false allegations demonstrate from a neutral ground that a majority of the accusers are in fact male.

The response of course has been to diminish its credibility by labeling the research as "bias", whilst at the same time stating that the information from mens groups is somewhat superior to forty years of scientific credibility that points toward all factors including child abuse and intimate partner terrorism are indeed prevalent, underreported and serious.

For years this perpetuated belief has managed to thrive within the community and influence vital laws that were implemented to protect children. The results of this study can be found here and the results are:

Consistent with other national studies of reported child maltreatment, CIS-98 data indicate that more than one-third of maltreatment investigations are unsubstantiated, but only 4% of all cases are considered to be intentionally fabricated.Within the subsample of cases wherein a custody or access dispute has occurred, the rate of intentionally false allegations is higher: 12%. Results of this analysis show that neglect is the most common form of intentionally fabricated maltreatment, while anonymous reporters and noncustodial parents (usually fathers) most
frequently make intentionally false reports. Of the intentionally false allegations of maltreatment tracked by the CIS-98, custodial parents (usually mothers) and children were least likely to fabricate reports of abuse or neglect. - Nico Trocm´e a, Nicholas Bala b
a University of Toronto, Faculty of Social Work

Further countering the claims that such research is bias is that the researchers are male and the report itself reads from a gender neutral perspective. Clearly, the true gender bias is embedded within the culture of male violence, community justification and the courts endorsement of providing orders that maintain the environment where children are mostly at risk.

It is logical to conclude that considering the challenges of both the child and the mother raising the concerns, reports are sadly underreported. Knowing that courts are set up in such a way that re - trauma is inevitable and the possibility of costs being raised against the victim if enough evidence is not provided, can be a major barrier to a natural course of justice.

Most victims see the course of justice as not a place for revenge of the act/actions itself, but rather an endeavor to ensure that no other members of the community become victimized.
Child Abuse in custody cases are far more complex as the laws that surrounds it is tailored to the assumption that the level of conflict derives from equal ground, that there seems to be a problem coming from those "maternal gatekeepers". This is not only a superficial view that lacks insight into the problem, but a harmful on to say the least.

If a survey was conducted on how many mothers were given consideration as to why they had pursued legal avenues to prevent contact, I would hypothesize that the result would be small. Given the mass of judgements I have read and the large number of "unsubstantiated" cases, I believe I would be correct to imply that the access to justice for mothers in custody cases raising issues of protection is very low.

Convicted Sex Offender Granted Custody of Four Children

For some time, politicians have been avoiding the topic of how far they will go in handing the children over to the father. The situation here speaks for itself. Whilst the article does not draw attention to previous cases like this, it is not uncommon for courts to allow convicted sex offenders unsupervised contact with children. For as long as the courts, family reporters and children's lawyers rely upon the junk science of Parental Alienation Syndrome(also referred to as "Parent Alienation"), cases like these will continue to rupture the lives of children.



Article from: Sunday Mail (SA)

DAVID NANKERVIS

June 13, 2009 11:30pm

A FAMILY Court judge has granted custody of four children to their father - a convicted pedophile and rapist.

The mother of the four youngsters, all aged under 15, requested custody at a recent Family Court hearing in Adelaide.

The unsuccessful application was made not long after the children's father was found guilty in the Adelaide District Court of multiple sex offences against a minor.

A transcript of the Family Court hearing shows the presiding judge was aware of the father's convictions and that he was on bail awaiting sentencing.

Further details, including the names of the family, cannot be legally reported. The mother and her current husband also both have criminal records.

However, child support groups have condemned the idea that a convicted pedophile could be granted custody of any child.

Victim Support Service SA said the community would be "alarmed" at a situation where a pedophile was allowed to care for children.

"Our organisation would be worried too about that, and we would want to know about the reasoning and rationale behind such a decision and what steps are in place to protect any child in such circumstances," the service's chief executive Michael Dawson said.

"I would think it is inappropriate for someone with a previous history - through conviction of crimes against children - to be provided with the opportunity to supervise children.

"From my personal experience, I've never heard of any such case before."

The Australian Childhood Foundation also expressed serious concern about the risks pedophiles pose to children, particularly in an unsupervised environment.

"Convicted pedophiles can't work as a teacher, be a foster carer or footy coach, because society recognises that past behaviour is the best indicator of future risk," foundation chief executive Joe Tucci said.

"So as a matter of principal, children shouldn't be in unsupervised contact or custody of an adult with convictions for sexual assault against children."

Mr Tucci said courts should err on the side of caution and treat convictions of sexual assault against children as a "red light" when deciding what is in a child's best interest.

A spokeswoman for the Family Court said judges could only award custody of a child to those parties who applied for it.

"If a judge has concerns about a child's welfare, they cannot make an order that a child be put in the care of the state," the spokeswoman said.

"A judge can ask but not compel a state welfare department to intervene if they believe a child is at risk of abuse or neglect."

The Department of Families and Communities said the Family Court may advise it of any "child protection concerns (the court has) about a child".

"Families SA assesses the notification like any other and takes action if necessary," a department spokesman said.

"Also, the Family Court may make a formal request that the Department of Families and Communities become a party to a case.

"If DFC accepts the request and becomes a party, it then makes representations to the court about what is in the best interests of the child or children."


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After the Family Court Battle, has the Father missed visitation for

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