False Allegations
A common myth is that women routinely make false accusations of child abuse in family law proceedings. In fact, allegations of child abuse are rare. For example, they represented five to seven per cent of all disputes in children’s matters before the Family Court of Australia, according to a study in 1995-96. In any case, given the prevalence of child abuse in the general population, one should not be surprised that a proportion of family court cases involve allegations of abuse. Allegations rarely are made for tactical advantage, false allegations are rare, the child abuse often takes place in families where there is also domestic violence, and in any case, such allegations rarely result in the denial of parental contact.
As well as attempting to discredit female victims of violence, fathers’ rights groups have tried to wind back the legal protections available to victims.
For example, some fathers’ rights groups argue that people alleging violence should only be able to rely on police and hospital records, and that if their allegations are not substantiated, they should be charged with perjury and subject to criminal prosecution.
The above comments are from: Father’s rights and family law ~ Michael Flood
The Myth of Epidemic False Allegations of Sexual Abuse in Divorce Cases
It is commonly believed that false allegations of sexual abuse in the context of divorce are epidemic, that most allegations made in the context of divorce are made by vindictive mothers and that these allegations are almost always false. These beliefs are not supported by scientific evidence. It is widely believed that at least 50 percent of all allegations of child sexual abuse are false, and that an accused person appearing in a court of law is quite likely to have been falsely accused. Those who defend accused child sexual offenders want us to believe that 50 percent of individuals brought to trial are innocent. These beliefs are not supported by scientific evidence, either
Are Allegations of Sexual Abuse That Arise During Child Custody Disputes Less Likely to Be Valid?
The cases involved 262 alleged child victims. A judicial finding on the balance of probabilities (the civil standard) that abuse occurred was made in 46 cases (23% of all cases). In 89 cases, the judge made a finding that the allegation was unfounded, while in 61 cases there was evidence of abuse but no judicial conclusion that abuse occurred. In 45 of the 150 cases (30% of the cases where abuse was not proven) the judge believed that it was an intentionally false allegation.
Child Sexual Abuse Allegations in the Family Court - Wendy Lee Foote
This research is concerned with decision-making in judgments made in the Family Court of Australia where there are allegations of child sexual abuse. This research was undertaken against a historical and current backdrop of scepticism about the veracity of child sexual abuse allegations in family law disputes, despite the heightened risk to children, after their parents separate and/or divorce.This research found that ... the separation and divorce and the legal/psychiatric paradigms, resulted in a reticence to test out the allegations of child sexual abuse made against fathers....court-ordered assessors ...represented the sceptical conceptualisation of allegations of child sexual abuse as the product of the parental conflict, associated maternal anxiety and mental illness. In contrast, fathers were not scrutinised as closely against criteria for sex offending even when they made admissions relating to the allegations. Evidence from and about children was not central to the hearings and professionals who were in a position to present assessments of the child sexual abuse allegations to the court were discredited as a result of concerns about ‘contamination’ relating to criticisms of investigation and other methodological errors.
Orkopoulos stepson tells: how he led me astray
This article gives clear indication of why children do not tell of abuse especially when the perpetrator is in a position of authority. This article is also a clear example of 'false denials' by the perpetrator of abuse, given that Orkopoulos was found guilty on numerous child abuse and drug charges.
Family Law and Parent Child Contact Assessing the Risk of Sexual Abuse
Child sexual abuse allegations cause great difficulties for the Family Court, not only because so often there is no corroborative evidence, but because of the way that lawyers approach the notion of proof, and restrict the evidence which may be used to support a finding that a parent has sexually abused the child.
Decision-making about the best interests of the child: The impact of the two tiers
This article suggests how the Family Law Amendment (Shared Parental Responsibility) Act 2006 should be interpreted when judges are deciding parenting cases. The article examines the relationship between the two tiers of primary and additional considerations, the place to be given to the objects and principles of Part VII, and how the requirements to consider ‘equal time’ and ‘substantial and significant time’ fit with all the other matters the court must consider.
Abstract of Family Court and Child Abuse
*Recommended reading - the author is a practising lawyer and gives many case studies* Various studies have demonstrated that, despite the beliefs of many lawyers, judges and some social services, the propensity of mothers to lie about child abuse in Family Court proceedings for the purpose of denying contact or to obtain residence is no greater than that which occurs in the broader community and is therefore at a low rate. Nevertheless false allegations by the father, mother or child do occur and, in the grey area of the law, can be difficult to dispose of.
CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE: NEW REALITY AND A NEW INTERVENTION MODEL
Child abuse in the context of parental separation has been seen as a weapon manufactured by parents to gain a tactical advantage in their private divorce war. Thus, it has long been regarded as fictitious and unreal.... It represented only the fight between two adults breaking up a high conflict partnership. Believers in the myth argue that such allegations are merely weapons manufactured by parents to gain a tactical advantage in their personal divorce war. Being a part of a private dispute between parents, they are not real. Therefore services should avoid them if possible.
Interesting case
In this case we have a father who thinks its ok to hit a child with a belt. There are letters between the parties - the father makes plenty of allegations against mum, uses aggressive and abusive language, but also denies his actions are violent. The judge thought they were and said so. Could this be an example of false denial of violent and unacceptable behaviour - because in his mind, his behaviour to the child is ok? The only reason we can see it is because he has put it in writing. If all the sparring between the parties was verbal, then there would have been no reason for an injunction. Dad would have said, as he did in the letter, "mum is putting ideas into the kids head" or similar, Mum would have said, "No I don't, the child told me dad is violent and belts him" Dads response. " I am not violent - I only administer reasonable and necessary discipline"...( H & H FCWA 111 PT 6061 of 2001)
Myth: False allegations of child abuse
A related myth is that women routinely make false accusations of child abuse in family law proceedings. In fact, allegations of child abuse are rare. For example, they represented five to seven per cent of all disputes in children’s matters before the Family Court of Australia, according to a study in 1995-96. In any case, given the prevalence of child abuse in the general population, one should not be surprised that a proportion of family court cases involve allegations of abuse.….. allegations rarely are made for tactical advantage, false allegations are rare, the child abuse often takes place in families where there is also domestic violence, and in any case, such allegations rarely result in the denial of parental contact.
False Allegations of Abuse and Neglect When Parents Separate
The 1998 Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-98) is the first national study to document the rate of intentionally false allegations of abuse and neglect investigated by child welfare services in Canada. This paper provides a detailed summary of the characteristics associated with intentionally false reports of child abuse and neglect within the context of parental separation.
Stop Family Violence
The great myth of the decade is that as soon as a child says that a parent has sexually abused them, the accused parent is immediately dragged off to jail in handcuffs, and never sees the child again. In reality, if the child is five years or younger, the abuser will more likely never be found guilty. If found guilty, he will probably not go to jail. If charges arise during the custody dispute, the accused will most likely get full custody. In some cases, the mother will never be allowed to see the child again. Perhaps this is the proper place to ask, "Why would any parent `program' or `brainwash' a child to say that there were raped, even if they could?" They gain nothing and more likely than not, will lose their child, sometimes for good.
Parents' perjury ignored, says judge
Family Court Chief Justice Alastair Nicholson has accused bureaucrats of failing to act against those who lie in court during custody disputes. Justice Nicholson, giving evidence in Canberra yesterday to Parliament's inquiry into joint custody,(2003) said he believed people sometimes perjured themselves in his court.
AMBIGUOUS CSA EVIDENCE IN FAMILY COURT MATTERS
A few years ago, it was commonplace for virtually all participants in Family Court matters - the complainant parent, investigators, experts and judicial officers - to accept that young children told the truth as they saw it. Bitter experience and sound research have led to new conclusions - that at least in the shadow of the Family Court context, allegations by young children may arise for a number of reasons and that they often did not reflect that the child has indeed been sexually abused. By the same token, malice, the obvious culprit, does not seem to be a key factor. These allegations had often arisen unintentionally in a climate of fear and suspicion.
Three key areas of research have demonstrated that what may appear to be often is not, and more importantly, that worried questioning by people who are genuinely concerned that a child may have been sexually abused may even inadvertently put into a child's mind beliefs which would appear to confirm such a risk. As a result of these recent findings, we are in a better position to investigate allegations. A systematic investigation must proceed into the possible presence of factors which may provide a context in which such a false allegation could arise, the presence of factors which may be a source of contamination of the child's beliefs, and the presence of reinforcement of these beliefs. Such an approach is oriented towards the development of additional hypotheses to the hypothesis that the child has been sexually abused in the manner described by the offender nominated.
OTHER SUBJECT HEADINGS:
Familicide
Child Abuse
Child Sexual Assault
Domestic Violence
Male Suicide
False Allegations or False Denials?