Reading the Chief Justice of our Family Court’s speech in Queensland this week, I did not wonder that she was a Howard appointee. It is a travesty that such a person replaced Former Chief Justice of the Family Court, Alistair Nicholson, who was not a politician’s adjudicator but a man who saw the big picture and advocated for the safety of children. By contrast, this Chief Justice is a woman who side steps important issues by diverting attention from main concerns with pedantry, and quotes people out of context to defend a jurisdiction riddled with histories of tragedy and injustice. In her recent speech in Queensland on April 21, the Chief Justice referred repeatedly to our national rallies this Sunday, but preferred to defend our concerns with the rhetoric of a media advisor, instead of a judicial leader with a critical eye to justice and safety. When referring to the 20 odd deaths listed on our facebook rally page, the Chief Justice dismisses them by referring only to a case where the Family Court was not involved but failed to note that consent contact orders are made with the Family Law Act very much in mind. She parried our criticisms with the work of Carolyn Johnson, academic author of a book, Come With Daddy, interviews of familicide victims, saying her research demonstrated that most had not been involved in the Family Court. Again failing to see that the Act itself forces dangerous contact. When I spoke with the author, she said her research had been taken out of context. What she actually said was because of current legislation, mothers had been bullied and pressured into agreeing to consent contact orders, and only thus avoiding Family Court hearings. They were told by their own lawyers, even where a history of domestic violence was present, that trying to deny child contact with their expartner, in Court, would be fruitless. Their children may be removed if they were seen by the Court as ‘difficult’. The Court parlance is ‘no contact mothers’ or ‘alienating mothers’. Punishment is to award custody to the alleged perpetrator of domestic violence or abuse and allow the protective parent two hours supervised contact a week or fortnight. So, says Johnson, against their better judgment, and often beaten down emotionally after
years of domestic violence, parents agreed to child contact with their violent expartners. Former Chief Justice Nicholson outlined this very problem in which he said under these circumstances, a victim of domestic violence is not the best advocate for her child’s safety. By acknowledging shortcomings in the Family Law Act the current Chief Justice could avoid much of the criticism of the Court itself, which distressed parents now blame. She refuses to acknowledge the Family Court culture which leans, when violence or sexual abuse allegations are made, towards believing the allegations are false which is not born out by global research. One of our Sydney speakers, Dr Lesley Laing, says these practices and new laws are being used by perpetrators of domestic violence to further harass and intimidate their former partners for leaving, using the children as the ultimate weapon. We have a Court culture in which women’s refuge workers and sexual assault counsellors who find in favour of children’s disclosures and distress, are often dismissed as biased. Our Victorian Youtube story is one such case where a Family Court ‘expert’ overturned four other bodies, including the state child protection authority which all believed the child. The Chief Justice hides behind statistics, saying we are protesting about shared care which is only granted in 15 percent of cases. We are not, We are protesting about the underlying notion of the new changes that contact with both parents is always beneficial. A failure of the Act to refer to a child’s emotional and psychological wellbeing. Yes, we care about children being murdered, but we also care about children vomiting, crying or dragged by police to visit parents who frighten them or have disclosed sexually abused them. None of these issues were addressed in the Chief Justice’s rebuttal of our concerns. At no time has she addressed problems with the Act that caused a Family Court judge to award interim custody of violent expartner of Dionne (then Dalton) to him despite the grandmother and aunt telling the judge about his extreme violence. Instead of erring on the side of caution and giving them a week to come back with evidence, the judge gave the children to the man police had issued a restraining order
against. Five weeks later they were dead. Failure to address the decisions made in her Courts in our Youtube parent’s stories alone, is worrying. Her failure to acknowledge any systemic concerns that contributed to the deaths of the children of two mothers speaking at our rallies should be cause enough for this Chief Justice to resign.
Barbara Biggs is instigator of the Safer Family Law Campaign (search ‘barbbigg’s on Youtube) culminating in national rallies on Sunday May 3.