Darcey's death prompts court review

06 February 2009 | 07:03:18 PM | Source: AAP

West Gate Bridge in Melbourne (SBS)

The head of Australia's Family Court says relatives of the young girl thrown from Melbourne's West Gate Bridge did not take their concerns about the child's safety to the court.

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The chief justice of the Family Court of Australia, Diana Bryant QC, made the rare move into public debate after relatives of Darcey Freeman accused the court system of failing their family.

Darcey, 4, died after plunging almost 60 metres from the bridge in Melbourne last week.

Her father Arthur Phillip Freeman is facing a murder charge after allegedly throwing her to her death.

Private funeral held

It's believed Darcey was farewelled at a private funeral service in Melbourne on Friday.

The day before her death, Darcey's parents had reached an agreement in the Federal Magistrates Court over the amount of time Mr Freeman could spend with his three children.

Federal Attorney-General Robert McClelland has asked his department to review the family's case.

Chief Justice Bryant said the court orders were made after an agreement between Darcey's parents was reached.

Agreement reached 'by consent'

"The court obviously has to deal with issues of risk concerning children but it can only do so when parties raise those issues of risk with the court," she told ABC Radio.

"In this particular case ... the orders were made by consent. That is, they were not made by a decision of a judicial officer."

Chief Justice Bryant said a judge could refuse to make orders by consent if they were deemed not to be in the interests of the child.

"In this case ... the parties did not present to the judicial officer concerned, as part of their case, that this child was at risk of harm in the father's care," she said.

'No concerns raised'

"The issues for determination were how much time the father should have with the child.

"The parties actually reached agreement about that issue and the judge didn't have to make a decision."

Chief Justice Bryant said no concerns were raised about the children's safety.

"That was not an issue," she said.

"You cannot blame the decision."

She said both parents were in court when the decision between them was reached.

"I would have to assume that if the mother had concerns they would have been raised and she would not have agreed to this decision, this order being made."

Family breakdowns 'extremely stressful'

Chief Justice Bryant said family breakdown was the second most stressful event people dealt with, after death.

She said court hearings added to the emotional stress surrounding family breakdowns.

Darcey's uncle Tim Barnes issued a statement on Thursday accusing the court system of letting the family down.

"For the past two years, the various authorities have been made aware of our fear for the safety of the children and unfortunately no one would listen," he said.

Judicial system 'failed'

"We feel the judicial system has failed our family and will continue to fail other families until someone in authority starts to take action."

Mr McClelland said he had asked his department to review the "distressing" case.

"Family law is an extremely difficult area and if there is anything we can learn from this tragedy to improve how the system is run we will not hesitate to take the necessary action," he said in a statement.

Trust fund

Darcey's family has asked The Alannah and Madeline Foundation to set up a trust fund after receiving an overwhelming number of requests from people wishing to donate money.

The fund will be used to assist Darcey's two brothers, Ben and Jack.

The foundation will also be looking into establishing a children's day in Darcey's memory.

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