Family Court Justice for Survivors of Family Violence and Protection of their Children
Family Court Justice for Survivors of Family Violence and Protection of their Children
Recent reforms have been made in the UK family courts to address the issues faced by domestic violence survivors when they attempt to leave abusive relationships but are then forced into shared parenting with, or lose their children to, perpetrators of family violence.
The Ministry of Justice UK published it's damning report into the issues facing Domestic Abuse survivor families in court. We would welcome the proposed changes for reform internationally.
In Australia we are faced the very same issue, with cases continuing on a daily basis to place children (even on a temporary basis until trial) with perpetrators of family violence.
Perpetrators then commit further violence, alienate the safe parent, scare /coach/ threaten children not to disclose harm to family report writers and psychologists so the discovery is deliberately thwarted.
Courts have been found to completely ignore medical evidence and child disclosures to reputable doctors and other formal professionals who have taken the Hippocratic (or other Professional) Oath.
Courts have been found to rely upon psychiatrists and report writers who are not specialists in specific domestic violence issues, and who make assumptions about the mental health of victims of family violence, often citing that it is unsafe for children to be in the care of the victim - but refusing to comment on the mental health of the perpetrator who clearly has severe issues affecting the welfare of the children.
This false reporting (fabrication of evidence which is a Criminal Act under s36 Crimes Act 1914) gives the judge a basis on which to justify the transfer of the children to the abuser, ripping children away from their mothers on a daily basis - in a war that can only be described as abuse of power and protection of the patriarchy - also known as the Men's Rights Agenda.
Men simply don’t feel that they are committing domestic violence when they abuse a woman - physically, sexually, financially, or psychologically - because men traditionally “own women” when they are married or have children with them. This has to stop. This is 2020, not 1920. The Universal Declaration of Human Rights demands that this behaviour be shut down globally.
The best solution for a survivor of domestic violence and their children is to remove the perpetrator permanently, with zero contact, until the perpetrator's behaviour has been proven to no longer be ANY RISK to the victim or her children.
Many thousands of families have unsafe contact orders in place as a result of this crisis, and many more will, before reform is achieved.
We refer to recent Australian cases like Kadric v Kadric (9 June 2020) where the father held a gun to a mother’s head and the child was given to the perpetrator with no contact for the mother. We refer to the 63 maternal alienation cases outlined in the article “Discounting the Mother Child Relationship: A Snapshot in Time” in April 2019 Journal of Family Law; and we refer to Wen v Jong  FCCA 749 where the father’s abusive behaviour caused temporary mental health issues in the mother not affecting her parenting capacity, but the father was deemed safer despite his abuse to the mother, and the children removed from their primary safe attachment.
This sets a precedent for a father to abuse a mother into a state of poor mental health, and be guaranteed to take the children away from her as a reward for his criminal behaviour. He then uses the children to divert assets from the mother and force her into poverty. This makes the children a financial asset to the perpetrator and an item of coercive ontrol and punishment over the victim mother. The father can control the mother's living arrangements and coerce her to walk away from her children for her own safety, and emotionally destroy her if she refuses to leave her children. It destroys a mother's reputation and eliminates her social circles which are usually borne from her school parenting connections. She becomes isolated, afraid and unable to regroup... after years of already suffering abuse.
Money and control/punishment is the usual motive for taking the children away from the victim mother. This is not in the best interest of the children and also is a breach of the Law of Equity for the victim. The Family Court is supposed to be a court of law and equity.
The government needs to launch an immediate case review and a mechanism for recourse for victims affected by the crisis.
Thousands of children have been removed unlawfully from victims of Domestic Abuse with no prospect of reversing the situation. Many more thousands are living in fear with unsafe Court decisions impacting families dealing with a Domestic Abuser. Without recourse, this will continue.
The UK report publishes the harms endured by survivor families in the Family Court system. A recent ALRC report also gave damning insights into the current behaviour of the Family Court, and there have been 22 reports in the last decade that have been shelved without proper reforms made to address the issue.
Women are dying at a rate of 1.5 per week, and children are being abused with one in four children reporting sexual abuse by a male family member by the age of 16. Therefore, the safest place for a child is with their mother, who is the normal primary attachment and protector of their child. Family courts need to recognise the primary attachment and the historical family contribution to upbringing of the children, prior to making any interim orders that vary from the status quo of the mother as primary carer.
It is time to right the wrongs and provide compensation for victims, whose lives, families and futures have been forever marked, or even destroyed by an unsafe decision in the Family Court.
*** NOTE ***
This petition is not to be collapsed with the current Pauline Hanson men’s group agenda in the current Parliamentary Inquiry into the Family Law System.
This petition is also not to be collapsed with the current Senate inquiry into the murder of Hannah Clarke by her abusive husband Rowan Baxter; who ironically was a member of the same vicious men’s group as the son of Pauline Hanson - where that same Men's Rights Group is also is the initiator of the Family Law Parliamentary Inquiry via Ms Hanson (MRA Lobby meetings held in Oct-Nov 2017).
Isn’t it interesting that an aggressive men’s group who constantly breaks the law in a terrorist-like manner can have entire Parliamentary inquiries initiated at public expense?
We feel this Inquiry is being manipulated by Ms Hanson in favour of that specific aggressive men’s rights group, who seek to ignore serious issues of mens violence towards women and ignore the mental health impact on children - trying to enact unhealthy definitions on the best interests of a child, to force children to spend time with unreformed perpetrators of abuse.
There is copious amounts of evidence that these men do commit domestic violence, and that they attempt to manipulate court systems to remove or reduce the Protective Orders, or manipulate Police into not acting on contraventions of those orders. This gives men a perpetual license to abuse.
There is no evidence that men are killing themselves on account of losing their children, and in fact it has been falsely advertised as proven by ABS statistics. Vulnerable or Psychiatrically unwell men are brainwashed by the men’s group agenda into thinking that the problem is larger than it is, and these groups encourage men to take on extremist views and suicidal ideation and violence against women, if they do not get what they seek as outcomes in Family Court. Rowan Baxter was encouraged by his beliefs per this men’s group which was the likely the primary cause for him to kill his wife and children. It therefore stands to reason that Pauline Hanson’s son, and the founder of that organisation, have a lot to do with inciting violence and hatred that led to the murder of Hannah Clarke and her babies.
These are the scenarios that many women have found themselves in as a result of being victims of abuse, victims of organised crime by vicious men's rights groups, and forced aggressively into the family court system for years of further coercive control and abuse.
Perpetrators should be held accountable for abuse, and children should be removed from them in totality.
Perpetrators of violence should be treated by Courts as requiring psychiatric assistance, and should be detained or hospitalised until they have been fully reformed. They are a risk to themselves and others, and therefore there is a valid reason to detain them in mental institutions.
We must break the cycle of violence in society to transform future generations.
We call upon the government urgently to immediately review all cases as far back as the 2012 FLA amendments; and review the current cases that will suffer during the transition to reform.
We call upon this government to reverse all decisions where Family Violence was identified, and a child was handed to an abuser in the face of ANY evidence of pre-separation violence or post-separation coercive control.
We call upon this government to save the children from abusive men, return the children to the victim mothers, and provide mental health services and significant financial compensation to those women and children affected by the crisis.
We call upon this government to force abusive men into mental health facilities for treatment of their serious conditions before any release back to society.
We also call upon this government to formally investigate the abuse of process and abuse of judicial power within the courts to invoke mental harm on women and children, ignore family violence, and constantly place children at risk of further harm; in both interim and final proceedings. There is no excuse to place children at risk of harm for even one moment with a perpetrator of abuse.
We call upon the government to invoke a risk framework that provides a scale of risk and defines absolute requirements for no transfer of children to perpetrators.
We also require the government remove the ability for courts to use a false definition of “emotional abuse by the mother” when a parent is attempting to prevent their child from experiencing domestic violence or child sexual assault at the hands of a perpetrator. A court cannot and should never remove a child on these grounds, as a woman has every right to protect her child, and to not be punished for her primal maternal instinctual response to prevent child harm.
We also call upon the government to invoke a criminal charge on those who, in the face of overwhelming evidence, knowingly handed children to perpetrators of abuse, in an abuse of judicial power.
We also call upon this government to formally investigate corruption by ICL’s, psychiatrists, report writers, lawyers and registry staff - for their intentional actions in manipulating cases and fabricating evidence to ensure the removal of children from good, safe and protective mothers to place them with abusive fathers who have little to no parental capacity or care for the children.
We require criminal charges to be laid amongst those who have exhibited cartel-like behaviour. We require forensic accounting to demonstrate the amount of money that has changed hands in order to transfer children to perpetrators of abuse. We require all those people who have been involved in the trading of children to be held criminally accountable and to serve lengthy jail time.