‘It’s like you go to abuse school’: how domestic violence always follows the same script, ‘Yes, many fathers have a terrible time in the family law system. The remaining bias in family court is related to money. is that it runs the risk of pushing judges over the other side of that rope. The reverse is true. Said one: “When I worked in private practice we would look for report writers who don’t do that level of investigation, who don’t report on the violence because that was in our client’s [the perpetrator’s] interest.”. Just Submit your details below, and we’ll arrange a free, no-obligation call back at a time to suit you. great deal about family law, and the opinions of those who use the family In his report, former family court judge Richard Chisholm called this trap “the victim’s dilemma”, a position later articulated by former attorney general Robert McClelland: “Do I report family violence to the court and risk losing my children, or should I stay silent?”, This change in attitude was made explicit in a 2007 judgment from Justice Tim Carmody (who was, for a brief and controversial period, Queensland’s chief justice). In 2007, Rae Kaspiew (now at the Australian Institute of Family Studies) found there were very limited circumstances in which a mother could challenge ongoing paternal involvement, “except in cases where the evidence of severe violence was clear-cut”. I didn’t know if she was going to vomit or wet her pants,” Tina told me. For example, 83% of mothers receive custody of their children in divorces. This is to be a higher priority than the “benefit to the child of having a meaningful relationship with both parents”. Even where serious violence had been proven, it found, supervised contact with abusive fathers was becoming much more common. There is no excuse for an innocent man being deprived access to his children. that was a slightly long-winded way of saying that I thought I would have a But I still feel that the title is appropriate, as it reflects the ambiguous nature of the debate as to whether or not the family courts show bias towards mothers or fathers. Given the capacity for errors in human judgment, of course, there may be fathers who have heartbreakingly had access to their children unjustly restricted. In 2006, despite this noted tilt against women, and after three years of what then-legal associate Waleed Aly described as “an incessant and often intimidatory campaign by father’s rights groups”, the Howard government introduced new reforms to the Family Law Act. other side. See where I’m going? But there is a pyramid of harm. Many fathers we have represented can personally attest to experiencing a negative outcome in a custody dispute because of gender bias in the court system. SRA ref 469401. Such stories are legion across Australia. I do understand that this is a serious topic and that many people have very strong feelings upon it. The “parental alienation syndrome” to which she refers may or may not exist as a phenomenon, but it is, sadly, true that some mothers turn their children unfairly against their fathers, just as often as is the converse.”. Whether it’s on their own, with the help of a mediator, or after consulting with the extended family, more than 9 out of 10 moms who end up with custody of their child do so with no judge involved. the recent discussion in the letters section of The Guardian newspaper regarding the suggestion that “the Okay, all of The anomaly is that while the accuser may have legal aid representation, the accused, usually a man, does not.”, “Sodha refers to a “disproportionately male” judiciary, but that was certainly not the case in the central family court, where I sat. I’ll never forget sitting across from Lucy, an 18-year-old who, aged eight, had the courage to tell her school counsellor she was being sexually molested by her father. Getting caught up in the family court system can be one of the most daunting experiences in a man’s life. The suggestion was contained in an opinion piece by deputy opinion writer Sonia Sodha, which appeared in the paper on the 5th of March. She repeatedly pleaded with child-protection workers not to repeat what she’d said to her father. However, despite these problems most of you have failed because you didn't take the time to learn how the system works." With over 40 years of family law advocacy, that started in law school, as well as comprehensive knowledge and experience in the area of shared equal parenting rights, Gene C. Colman vigorously fights against gender bias in divorce and separation proceedings. A bias, against mothers who claim abuse, exists in Family Courts in several particular countries around the world; countries where parental alienation has become a ‘thing’. Until the statistics tell us that more than 4 percent of divorced fathers are seeking custody through the Family Court system, there are few men who have such experience and proof of … Many argue there could have been a societal bias that led fathers to give up custody, rather than bias by the courts since most fathers give up custody without the intervention of the courts. seen, it’s a desperately thin tightrope that the courts must negotiate, and Some names have been changed in this piece. More on that later. The mother of our child has been granted legal aid and all the other support that comes with being a victim of domestic abuse, all with no evidence. Rose - 14-May-20 @ 4:09 AM Celyn’s dad part: but eventually I had to leave with my 2 boys and stay at a family refuge hostel.Long story short, she was swearing at my children often calling them degrading names. But Court-Determined Custody Arrangements Are Still Strongly Anti-Father Nor am I surprised when I read that a family court judge has awarded custody of a 3-year-old girl to the father who has violently beaten her mother. Well that’s obvious. Being a father trying to use the system, it would be very easy for me to say that the system is heavily biased against fathers. Besides, I knew that this system was actually biased against fathers, not mothers. They seem to rule based a lot on tradition, rather than reality. here last Friday: The anti-violence campaigner Rosie Batty even told me that were it not for the family law system, she would hardly have any victims contacting her. I believed then, like 43% of Australians, that vindictive mothers routinely lobbed abuse allegations at their ex-husbands to stop them seeing their children. It’s a can of worms that should have never been opened until we can “judge” more effectively. Credit: Tamra Carr, The Geraldton Guardian. But the balance of evidence points to a system that is biased against abused women and children, not innocent, falsely accused men.”. But it’s ok. You don’t need to respect abusers or have any empathy for them because an opinion has already been formed that they are obviously not a very nice person and therefore “probably”…….. In 2012, after three research studies found that victims of abuse were not being protected in the family law system, then-attorney general Nicola Roxon announced another set of reforms to the Family Law Act – essentially, attempting to undo the harm done by the Howard reforms. Historically, men have seen themselves as the primary breadwinners while viewing mothers more as the caretakers of children and the home. It boils down to whether it’s all a facade or not. Some liken the changing notions of justice to the swinging of a pendulum. I do not even lift an eyebrow when a 2-year-old boy, who comes home from unsupervised visitation with his dad, has a diaper filled with his own rectal blood and that same child is later turned over to his father on a full-time basis. Just 3 per cent of fathers who go before the Family Court are refused access to their children, casting doubt on One Nation senator Pauline Hanson's claims that mothers are using the court to deny their ex-partners time with their kids. The punishment for hostile parents could be extreme: they not only ran the risk of losing custody of their children, they could be blocked from seeing or even speaking to them for months. Mothers were seen as the primary caregivers and were often given custody, especially for children age seven and younger. the freedom to deal with cases without any preconceptions. As I explained on Friday, one of her particular concerns relates to what she called “the junk science of “parental alienation syndrome”, which she suggests is being too readily accepted by courts as a fact, when raised by fathers in response to abuse allegations by mothers. Not even at a fact finding hearing. He also believed the mother’s allegation that several years earlier she had seen the father with an erection, leaning over and touching his five-year-old stepdaughter while her pyjama pants were down, and he accepted that the mother delayed reporting it for years because she was afraid of the father. Yes the family court system is broken and needs reform. But even with this substantial change to the legislation, the same stories persist. To ensure we are the right fit, we need to make you aware that we cannot offer Legal aid. As such, the majority of moms seeking custody … I’ve spent almost five years investigating domestic abuse in Australia. That’s human beings. here last Friday. Anyone that has had their child taken from them will be irrational and not themselves. We remain open for business during the COVID-19 outbreak. We write urgently to ask you to object to the President of the family court, Sir Andrew McFarlane, and Jacky Tiotto, the CEO of CAFCASS (created to protect children), endorsing Families Need Fathers, a misogynist fathers’ organisation, by speaking at their national conference on Saturday 21 November. You can find the original Guardian article here, and the letters to which I have referred here and here. disproportionately male judiciary is more likely to rule against abused women Custody and Power . Additionally, men are awarded less support on average than mothers who are awarded support. it would be easy to conclude from that that the ‘truth’ lies in the middle: If you would like any advice on a family law issue, you can find further articles here or please do contact our Client Care Team to speak to one of our specialist family lawyers here. But Parental Alienation most certainly does exist. favour of one side of the debate there is another opinion in favour of the closer look at the topic I highlighted in my weekly review post Current beliefs and understandings are likely to be overcome by future knowledge, much as historical beliefs have been replaced by modern research. More chilling, however, were findings Jeffries (and others) published in the UNSW Law Journal that same year. Tina wanted to keep fighting, but with this strong report against her, she was terrified that she would lose Lucy altogether, so she consented to one overnight stay per week. There is no presumption or a priori rule that even gross misbehaviour such as child sexual abuse ... puts up an insurmountable barrier in the way of having contact with a child victim.”. The title says it all – “The idea that family courts are biased against men is a dangerous fallacy.” After that, those of us who toil in the family court reform vineyard know what’s coming, and Sodha doesn’t disappoint. There is no help for men dealing with a difficult female. There is no excuse for an innocent man being deprived access to his children. As far as both genders complaining post court proceeding. highlighted in my weekly review post This was a study on family reports – one of the most important pieces of evidence in a family law hearing – written by psychiatrists, social workers and psychologists, assessing the family dynamic and, commonly, evaluating allegations of abuse. And whether or not the almost universal anti-father bias in our public institutions in child support, child protection and legal aid is producing the best outcomes. As humans we judge. It’s nothing more than the obvious. When presented with an individual that is allegedly a horrible person, we are all far too eager to feel like a hero and chastise the alleged perpetrator. In both directions. please sign up for instant access today. The Massachusetts Supreme Judicial Court Gender Bias Task Force also uncovered substantial evidence of gender bias against mothers in family courts. For five years, Lucy had to spend one night a week with her father. On the 11th of March, for example, a letter from Jane Fortin, Emeritus professor of law at the University of Sussex, was published. Statistically, it appears that the family courts in the United States are biased against fathers. Also the lord chief justice for family courts is a lead supported of father for justice, so any bias that may exist is certainly not in the favour of women. The Family Law Act 1975 (Cth) does not contain any bias in relation to gender when it comes to making parenting decisions. Of course, John Bolch often wonders how he ever became a family lawyer. The mother was requesting he have supervised daytime contact only. Maybe there is First of all, apologies if you feel that the title of this post is somewhat flippant. According to Slate, bias against fathers when it came to child custody was quite common in the past. in the letters column of the 9th of March. Fathers who are deprived of their parental rights, by the family court system, must defend their rights on issues such as child custody, child support, and accusations of domestic violence. what is, as I say, a serious topic, which can have extremely serious consequences. The system needs to be overhauled, but not by Pauline Hanson who seems to be driven by vengeance on behalf of her son, Last modified on Mon 23 Sep 2019 00.46 EDT. A judge at court used my son to try and expose (I suppose) my narcissistic rage. Take a father out of a child’s life and the child is damaged, all but invariably. What is no-fault divorce - and should you wait for a no-fault divorce in the UK? Despite all this, the justice ordered that the daughters spend alternate weekends and half the school holidays with their father. Fathers who can afford high priced representation will often come out better in court. But there were other voices who agreed with Ms Sodha. They’re afraid their children will be at greater risk if they leave than if they stay. Lucy thinks that’s because she was old enough for people to believe her. An example would be the one-line statement citing 8 respondents to the study claiming that ‘ The system is biased towards the mother’ (Lee, 1991, p.36) followed by no further dialogue on this issue. Whatever analogy seems appropriate to you, the law and perceptions of fairness are perpetually changing. At the same time, other than finally meeting a solicitor that for once isn’t treating me as an abuser by default, nobody is even willing to listen to my side of the story. However, society has changed. Their eldest daughter had told child-protection workers that she loved her father and didn’t want to upset him, but wasn’t comfortable staying over at his house, particularly on her own. Since that notion is wholly subjective, an undefinable rule with no standards or accountability, in practice it rests on the personal whim or bias of the family court. Children with divorced or separated parents are suffering in a “broken” family court system which has a bias towards women, according to local father Grant Bowen. How does this attitude influence the outcome of a custody dispute? The simple and short answer is yes, there is a perceived bias against fathers but i do not feel it is a bias held only by the courts, It extends far beyond that and I hope to be able to go someway to proving that to you albeit with anecdotal evidence. “I stayed in that marriage to supervise him with my son.”. that the family courts are not actually biased one way or another. Opinions are formed and then judgements based on those formed opinions. I have put much thought into this debate as many have who work within the family law circuit and those of us men and women who have been mistreated and incorrectly judged. I think family courts are a bit patriarchal. This led to retired I felt physically sick, watching how distressed she was. In his judgment, Justice Robert Benjamin of the Hobart family court accepted that the father had demonstrated “inappropriate” affection towards his daughter. From our experience working with families, we have realized family court can be biased towards mothers and against fathers in custody disputes. I am just waiting for the day that I won’t be allowed to see him again. would involve a dereliction of the duty we surely have to properly investigate Grant Bowen is campaigning for Family Law reform. “I will never forget the first time we had to drop her back to him. When I first started hearing these stories I didn’t believe they were part of a pattern. Parental alienation has become a huge viscous circle but it most definitely exists. Stop family court collusion with misogynist fathers’ lobby. This is the rot at the core of our family law system. Undoubtedly there are mothers who get a raw deal, 5% in custody contests. If my son says he does not want to visit his father then no court will force it. The main issue for separated dads is that the rules that shape family life in the UK are unfair and unequal and any system of law based on those rules can only ever be biased against men. When her mother, Tina, applied to stop contact, a family report writer dismissed Lucy’s allegations, described Tina as “psychotic” and wrote in his report to the court that if the allegations should be raised again, Lucy should be ordered to live full-time with her father. Prominent doctors have confided in me their horror at what they see happening to their patients in the system – especially to the children. I’ve lost count of the number of victimised parents, usually mothers, who’ve told me they are terrified to leave their violent relationships because they know that if they get drawn into the family law system, they cannot guarantee their children’s safety. Whether we like it or not. Family law is no different. There once may have been a day where the United States court system was 100% unbiased, but if those days ever existed, they’re lost to the annals of courtroom history books.Long ago, there certainly was a time where women were oppressed in the courts, but with rampant cases against men for abuse, negligence, and carelessness, men have become the oppressed … and too often, the court … Both parties will always want more time, access, money, justice, etc. Family law and it’s myriad apologists have a Pontius Pilate approach which is depressingly successful, the WRITTEN law is gender neutral, the law in practice is systemically BIASED against fathers. So under Australian law, there should not be a family court bias against Fathers in Australia. For all the latest news from Stowe Family law But there is a pyramid of harm.’. A Statehouse bill would take a step in that direction. In 2016, in the peer-reviewed legal journal, Laws, Griffith University criminologist Samantha Jeffries wrote that in family court judgments, domestic violence was “ignored or minimised, reconstructed as inconsequential” or passed off as mutual violence, where both parents are equally at fault. The vast majority of it being about men. Yes, many fathers have a terrible time in the family law system. As can be There’s simply not enough cake to share and nobody is going to be happy when we wreck families. Historically in family law, due … The law requires the court to prioritise ‘the need … getting it right in every case is obviously an impossibility. She was the recipient of three of the 2015 Our Watch Walkley awards, including the Gold award for reporting on violence against women. public pe rception of bias against fathers by the Family Court. In 2001, a joint study by the family court and the University of Sydney found that the family law system had “tilted more and more against women, either by accident or design”. The mother of our child has been granted legal aid and all the other support that comes with being a victim of domestic abuse, all with no evidence. When asked why, she referred them back to what she’d told the police, but became “extremely distressed” when pressed to elaborate. (This is what I mean when I say fathers are biased against themselves.) He said: “Sodha … suggests that the system is weighted against women. In fact, perceived bias against men in family courts has, in large part, provided the so-called “Men’s Rights Movement” with momentum. But the obvious problem with suggesting that there is Stowe Family Law LLP is authorised and regulated by the Solicitors Regulation Authority. There isn’t much doubt family law is biased against men - unless you want to discount the voices of 100,000s of fathers here and around the world. “Whilst it’s true that mothers were usually the primary care giver in contact applications, this was simply a reflection of the social reality that women are more likely to take on the role after a relationship breakdown,” author Dr Maebh Harding said. A prevailing perception that family courts are biased against men lingers, including in Indiana. "Yes there is bias, prejudice and discrimination in family court towards men. Pats on the back all round in the courts and then twenty years later bailing your son out of a police cell for drugs or violence. An inquiry deputy-chaired by Pauline Hanson – who seems driven by a personal need for vengeance on behalf of her son – is almost certainly not going to achieve the changes children so urgently need. Hi, However, she warns that increased judicial willingness to contemplate transferring children’s residence from “alienating mothers” to their fathers’ risks overlooking abuse by fathers and transferring the child into the care of the abuser himself. The way you look and present yourself seems to be the strongest part of any persons case in family court. Lucy’s father suddenly relinquished custody when she was 13. Legal aid is available to any woman who has evidence of physical or sexual abuse. He no longer practises, but has instead earned a reputation as one of the UK's best-known family law bloggers. In 1925, family courts evaluating cases of separation were guided by the Tender Years doctrine, which observed that kids under the age of 13 were more likely to be psychologically dependent on their mother for care. First and foremost, we need to make this a system that is safe for children. courts, in various capacities. But that Legal practitioners openly stated that they knew which family report writers to go to if they were representing a perpetrator. bias, maybe there isn’t. Jess Hill is an investigative reporter who is the author of the book on domestic violence See What You Made Me Do. Being a father trying to use the system, it would be very easy for me to say that the system is heavily biased against fathers. As a result, women have to think carefully about bringing abuse allegations to court – even where they may be evidence – in case they get accused of making false claims and lose custody as a result.”, “…putting these decisions in the hands of an unaccountable and disproportionately male judiciary, untrained in domestic abuse, some of whom seem to have no problem slipping their social biases into the courtroom, is bound to cause problems. A father already on the sex offenders register for possessing child abuse images was fighting for equal care of his daughters, aged eight and 10. 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