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Child Abuse In Family Court Exclusive!

Freda Briggs - Emeritus Professor in Child Development
for | 06 February 2012

Stock Photo

When a young child discloses that she has been sexually abused by a parent or parent-figure

the protective parent (usually the mother) is in a dilemma.

Police and child protection services will advise her to leave the family home to protect the child. If she does nothing, state services can remove the child as in need of care and protection. If the child is too young to face rigorous cross-examination in an adult criminal court, police are unlike to prosecute the abuser. When the abuser realises that the child has disclosed abuse, he will be advised to turn to the Family Court to seek shared parenting or even residence of his victim.

State child protection services have a long history of avoiding the investigation of cases involved in federal Family Court orders or proceedings and, therefore, when the case goes to that court, the allegations may not have been substantiated. The focus then changes from the abuse of the child to the mental health of the mother. She is at risk of being labelled as delusional, suffering from Borderline Personality Disorder or some other mental illness... usually by a court adviser who is not a psychiatrist or 6 year trained clinical psychologist and, therefore, lacks the qualifications necessary to make such a diagnosis. The mother is then presented as the dangerous parent from whom the children should be removed and handed over to the parent they accused of abusing them. She may be granted occasional supervised contact, ordered to have psychiatric treatment to change her view that the child was abused, banned from making reports of further evidence of child abuse and banned from seeking medical assistance for the child without permission of the accused abuser – surely contrary to the UN Convention on the Rights of the Child. It is a serious matter when this happens so frequently that Family Lawyers and Women’s legal Services advise mothers not to mention family violence or child sexual abuse in Family Court cases. Dr. Wendy Foote drew attention to this pattern in her PhD research and the Family Court’s own website revealed that about a third of mothers who lost residence of their children were deemed to be mentally ill compared with only about 3% of fathers.

Child sex offenders are choosing younger and younger victims because they know that they are unlikely to be apprehended and punished; to the contrary, if they abuse their own children, they are likely to be awarded residence. In the UK recently, Human Rights Judges ordered that convicted child sex offenders should not be deprived of their right to foster or adopt children or parent their own. Significantly, the rights of children to be safe were not mentioned.

It is absolutely vital that children are taught personal safety skills to enable them to recognise, stop and report child sexual abuse in its early stages. The National Child Protection Alliance – which is an alliance of child protection non-government agencies – is also interested in hearing from parents or young people who have experienced this situation (

Freda Briggs
Emeritus Professor in Child Development

Smart Parenting for Safer Kids

Dr Freda Briggs AO is Emeritus Professor in Child Development at the University of South Australia and author of "Smart Parenting for Safer Kids". "Smart Parenting for Safer Kids", reviewed by here, gives tips on keeping children safe in a wide range of situations from cyber space and sexual abuse to bullying. The book is available in all good bookstores and can be ordered by phone on 03 9681 7275 or online at JoJo Publishing
You can read more of Freda Briggs's Profile here.

This article may not be reprinted, reproduced, or retransmitted in whole or in part without the express written consent of The views of the author are not necessarily representative of those of This article contains only general information, correct at the date of publication. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full Disclaimer here

What does it mean to be a single mum?Of course, the


are the most important thing in a single mum's life. Kids are the focus and always have been. But along with the children, there are other matters that can confuse a single mum's life.


plays a big part of a single mother's life, mainly because this is where a large percentage of single mums get their finances from. Centrelink are the source from where the

single mother pension

, or as it is otherwise known, the single parent payment comes from. The single mother pension is a subsistence amount, but just the same, it is money to live on, and so it is important, no matter if it is called single parent payment, single mother pension or whatever Centrelink welfare classes it at the time

Often, single mums come out of a


or defacto relationship only to find that their troubles have just begun, and find that their first step leads them towards Family Law - it's time to engage a lawyer.
There are more than just Centrelink finance problems to worry about, as mentioned before, but also

child custody

issues. Child custody is something that hits right at the heart of

single mums

. If a single mother's ex husband or ex partner has been a domestic violence perpetrator, the mum may be greatly worried about child custody. They worry that their kids won't be safe with their spouse, who has already proven to be abusive because they caused

domestic violence

, which resulted in a divorce or separation.

Even so,

Family Court

will often still order a form of child custody named

Shared Parenting

. Shared Parenting is a form of child custody division of time or parental responsibility between the parents. Mother's often look for a good divorce lawyer to try to avoid share parenting with an abusive ex-spouse after divorce, however in many cases Shared Parenting is still the outcome after the divorce, no matter how good the divorce lawyers have been. They will often settle for visitation at a contact centre or access centre where fathers or mothers are supervised during child custody access.

Please remember the bigger font words,because we will use it often in our website.