False
allegations
False allegations
of domestic violence and child abuse are used in the family courts
on a daily basis right across the country by resident parents (mothers
in the vast majority of cases) to dictate the outcome of contact
and residence applications with impunity.
The family
courts view separating couples as two legal components: the 'resident
parent' and the 'non-resident parent' (who does not live with the
child). Although these two legal concepts might sound similar they
are treated completely differently in the family courts. The only
legal right a non-resident parent has is they can apply to the courts
for contact. They do not have any other significant or presumptive
rights over their children.
Most people
believe they have the right to be presumed innocent until proven
guilty in a court of law if they were accused of domestic violence
or child abuse given they are criminal offences. However, this principle
only applies in criminal trials which have to prove a person is
guilty beyond a reasonable doubt. It does not apply in the family
courts which are civil proceedings where the best interest test
is applied to all decisions which are made on a balance of probability.
Family court
judges do not believe it would be in a child's best interest to
question what the resident parent has said (to see if it is true
or not) because they claim do so would undermind their authority
as the primary care giver. You might wonder how any decision could
ever be reasonably considered as safe and in a child's best interests
if they do not check.
As a result
of being separated from the father, children are placed at higher
risk of child abuse, academic difficulties, conduct problems, and
involvement with the criminal justice system.
