CHILD SEXUAL ABUSE - MAJORITY OF ALLEGATIONS ARE TRUE

[JaninePaul40]

Hello

You have just confirmed everything I have experienced and seen in the family court. But where does that leave me and my child.

Up the creek with out a paddle???

[JaninePaul40]

Hello

In the family court I have often heard them talking about a study that they base their decisions on that says that I child will be damaged if they don't have a relationship with both parents.

Do you know what that study is and if there is a copy of it on the internet?

Janine

[RagnVald]

JaninePaul40 - Your first step is to lodge a Form 4 with the Court Registry regarding the alleged abuse. You must then ensure that the Registrar notifies the State Child Protection authorities and requests that they fully and competently investigate the allegations. Do not allow Court proceedings to begin until this has been done and you have a full report from the State CPA as this is essential evidence to your case. Do not let the State CPA give opinions on `Substantiated' or `Not Substantiated. The judge is the trier of fact and for them to do so is to usurp the proper role of the judge and the judge is the finder of fact on the evidence presented to him/her, not the CP workers or police.
In carrying out their investigations the police /State CPA should firstly have your child fully examined by a experienced paediatrician for any physical evidence and then by a forensic child psychologist for any emotional harm. Then they should interview the child (ideally with an independent adult present who is not an immediate relative of the child but who can help and support the child).
They should also interview any person who may have witnessed the alleged abuse or to whom the child has disclosed or complained about the abuse.
When the police and CPA have collected and collated all of this evidence, they should present it to the Court and be available for questioning by you (subpoena if necessary), and by the alleged abuser. If there are any matters in the evidence (e.g. the nature and extent of the sexual abuse and its likely effects on your child) then instruct and commission an expert in child sexual abuse to give evidence in this regard. Psychologists/psychiatrists/lawyers etc are NOT experts in child abuse and if they attempt to make any statements or give opinions in this regard you should immediately apply for their evidence to be ruled as inadmissible under the Makita Rules of expert testimony.i.e. giving evidence outside of their area of expertise.

[RagnVald]

JP40 - It is the Family Law which states that the primary consideration in the best interests fo the child, is that the child has a `meaningful relationship' with both parents. Serious questions can be raised as to how the law can impose a `meaningful relationship' on any two people, especially if one of the parties does not wish to have such a relationship (usually the child).
Also this principle was founded on a gross distortion of the research. The research studies show that `Shared Parenting' can work in a small number of cases where certain conditions apply. e.g. where both parents have taken an active interest in the children, and have worked cooperatively to help the child develop. Also that the parents maintain a good relationship after the separation and work together cooperatively and conciliatory, and with flexibility and place their children's needs first. When parents are in conflict or where one of the parents feels vindictive and vengeful towards the other, then such shared parenting doesn't work and the children are used as pawns to hurt and exert power over the other parent. The children suffer enormous harm in such situations but are forced to comply under the `Best interests principle'. More important research has shown that when the children and young people who are affected are directly involved in the decision-making processes and feel they have had some influence on the decisions regarding their future care and welfare, then the outcomes are greatly improved for those children. Courts however pay little, if any. regard for the views and wishes of children and young people in such matters, despite that research.