Child protection advocates call for children to have more say in custody disputes

 

Our children are the casualties of a flawed and adversarial family court system which perpetuates and prolongs custody conflicts for financial gain. Whether you realize it or not, this affects you and has a negative impact on our society. Lets help reform our dysfunctional family the court system and save future children from this emotional abuse. Children need both parents. — with Grandparents4Justice Worldwide at http://www.Causes.com/ChildrensRights.

Tags: Children’s Rights, Boycottfamilylaw : Restore Children’s Rights Worldwide, Stop Emotional Child Abuse,Children’s Rights and Family Justice & Child Protection Worldwide Reform Committee

• LIA HARRIS POLICE REPORTER
• THE SUNDAY TELEGRAPH

AUGUST 09, 2015

Family Court in crisis: Child protection advocates call for children to have more say in custody…

Although many children were appointed an independent children’s lawyer, she said they often spent very little time with the child and did not reflect their views in court.“They don’t get much of a say at all and when they do say something, they don’t get heard,” Ms Cotterell-Jones said.“There are all these kids out there being put at risk because the courts believe the mother is just being vindictive. The independent children’s lawyers often don’t even speak to the children or don’t represent their views accurately.

“They’re prioritizing access to the father over the safety of the children and the system needs to change.”

Bravehearts founder and CEO Hetty Johnston said her not-for-profit child protection organisation was “aware of many instances where deficiencies in the Family Court practices, policies and procedures have resulted in children being assaulted and placed at serious risk of sexual harm”.

As a result, Bravehearts recently funded an inquiry called Abbey’s Project to uncover and reflect the experiences, testimony and outcomes for families and other stakeholders in their dealings with the Family Court.

“Every week in Australia, the Family Court orders children into contact with, and even into the custody of, parents who are dangerous, toxic and abusive because the Family Court does not have the powers, expertise and resources to competently investigate allegations of child abuse,” Ms Johnston said.

“Whether it’s child sexual assault, domestic violence, or both, the fact is there is no public accountability or transparency around matters dealt with by the Family Court. That is a combination that is always dangerous in any situation and in any organisation, including our judicial system.

Bravehearts CEO Hetty Johnson said children are too often not being heard. Picture: Annette Dew

“We are seeing far too many poor outcomes due to a combination of failures that culminate at the exit door of the Family Court.

“Too often children are not being heard and their testimonies disregarded or disbelieved.”

Domestic Violence NSW CEO Moo Baulch agreed children were not being heard in the Family Court.

“Children’s voices are not being heard and mothers are being portrayed as coercing children into making statements or victim blaming,” Ms Baulch said.

“It puts children at risk and it puts women at risk.

“If children are saying ‘I don’t want to spend time with him’, surely we should be listening to that.”

Sydney University Law School professor Judith Cashmore, who in 2009 researched and wrote a paper about children’s involvement in the Family Court, said most children wanted more of a say in custody matters.

Of the 47 children involved in Family Court matters interviewed for the study, 90 per cent stated they “should be involved” in the case and “most of the children who ­expressed strong and unqualified views were involved in contested matters”.

Prof Cashmore said the Family Court often took the view that children could be coerced by one parent and therefore their opinions could not be taken seriously.

“That’s a strong perception of the process … But being able to see through that and understand if children are making those strong statements, then I think they should be taken very seriously,” Prof Cashmore said.

“We do need to listen more carefully and provide better mechanisms for kids who’ve been through it all and are not being heard (by the court).”  ~DAILYTELEGRAPH.COM.AU

Children’s Rights Florida ~ Divorce & Corruption a Persistent Pursuit for Justice: Corrupt Lawyers and the Absurd Legal Decisions in the Fraternal Order of Matrimonial Law at http://www.ILoveAndNeedMyDaughter.blogspot.com.

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