Post date: Jul 28, 2011 7:28:39 PM
Paper presented at Child Sexual Abuse: Justice Response or Alternative Resolution Conference, Australian Inst. of Criminology, May 1, 2003
This paper argues that the absence of a publicly funded investigative capacity in the Family Court of Australia when there are allegations of child abuse by a parent, creates the conditions for the de facto operating presumption of the Parental Alienation Syndrome paradigm in the courts. This paradigm, at its simplest, insists that claims of serious child abuse are invented and that children’s statements and manifestations of fear are the outcome of parental coaching. Without a publicly funded professional child protection investigative service available to inform the family court, the private adversarial system of family law commonly fails to substantiate allegations of child abuse, thereby systematically producing the outcome that child abuse allegations will be deemed to be false. Safety for children in family law proceedings who are subject to abuse depends on access to a professional investigative service to inform the court, and a redefinition of a child’s best interests in the Family Law Act to give safety the highest value.