Break-up kids hurt by family court

Break-up kids hurt by family court

From Herald Sun at: Break-up kids hurt by family court | Herald Sun

Article from: Herald Sun

Susie O'Brien

October 29, 2008 12:00am

THE Family Court is forcing children of separated parents to have contact with violent fathers against their will, a new study of court judgments shows.

Some of the parents have threatened to kill or burn former partners, while others stalk, abuse and harass their former partners.

But research published in the latest Journal of Family Studies says such behaviour is excused or ignored by judges who are determined to ensure separated fathers continue to have a presence in their children's lives.

The study of 20 cases of contested contact of children involving domestic violence showed judges ignored the wishes of vulnerable children, and blamed mothers for failing to support access by violent fathers.

In nearly half of such cases the child was a direct witness to the violence, although in no cases was the child physically harmed.

Researchers Amanda Shea Hart and Dale Bagshaw concluded there was "little visible consideration of the potential or current effects of domestic violence on the children".

They said notions of the "idealised post-separation family" took precedence over the special needs of the children in the cases they analysed from a five-year period.

The 33 children involved in the 20 cases were aged between two and 16 at the time of the final hearings.

Many had a wide range of social and behavioural problems themselves, including violence, anti-social behaviour and emotional fragility. Some expressed a "wish to die".

Of the 20 cases, no final orders included supervised contact between parents and children.

The research also found:

IN all 20 cases, judges expressed concerns about the effect of the absence of the fathers on their children's lives, despite the presence of domestic violence.

IN seven cases judges expressed sympathy for the father, and the hurt caused by mothers who were seen as acting unfairly towards their former partners.

IN 13 cases violent husbands were described as "loving fathers".

Since 1995 an emphasis on shared parenting -- which aims to give children a right to know both their mother and father -- has been followed by the Family Court.

But Dr Shea Hart and Dr Bagshaw believe this has made life difficult for children and mothers in cases where the break-up was caused by domestic violence perpetrated by fathers.

"There can be concerning outcomes for children who are required to spend time with their violent fathers," they said.

"The safety and psychological needs of these children must be recognised and understood for their best interests to be served."

The researchers argued proof of domestic violence must also be seen as evidence of compromised parenting practices.

They argued it must be taken into account and given considerable weight when making an order for a child to spend time with a violent parent.

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