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no point in denegration orders

I find (just my opinion) that the denigration points put in orders are ridiculous. What stops them still doing it when all you have is the children's words.
My eldest has been telling me all the things that the ex is saying about me and that the ex asked for the child to tell lies about me to teachers and such - I presume to try and start court proceedings again so soon and hoping to gain full residency. I stayed calm and spoke to my child the same way I do about other kids lying and bullying at school and explained the easiest thing is to not let it stick, release it straight away and don't think anymore of it - this appeared to settle my child but I had to go have my shower, put the radio on so no-one would hear and cried because i know how much this is upsetting my child and affecting them.
I have ex over a barrel on all of the other contraventions but there is no way to prove he has said these things to our child and i do feel this is the most damaging to the children to spend everyday listening to insults about their mother and being told to tell lies so he can get his way.

I am sure it is all to try to hurt me as he proved last court case he is still angry about this imaginary affair he believes in his mind i had.

What is the bloody point of denigration orders if you can't prove them thus they can not be pulled up on it.
Faith said
What is the bloody point of denigration orders if you can't prove them thus they can not be pulled up on it.

In some cases, parents do take heed of such orders and thus in some cases there is a point as it stops some denigration. Could you not argue the same point for other court orders, e.g. orders sending one who commits robbery to prison has a pretty low result of then stopping such persons again resorting to robbery.

What other options are there? To ensure that no denigration takes place whilst a child is still a child would likely have to incur some form of enforced separation of the child from the parent who denigrates which in some cases would result in the removal of the child from both parents.

Another aspect that needs to be considered is the protection of the children, their non-denigrating parents and their family from the adverse affects of false allegations of denigration. We already have a situation where a very high and completely unacceptable number of children are unnecessarily wrenched away from family due to the presumption of parental guilt when other false allegations are made.
You have raised the very important issue of proof.

How do you prove things? Proof doesn't just come from primary sources it can also come from secondary sources. Read through the Evidence Act what sections allow you to present your case of denigration? Your presentation comes down to your case theory: how can I prove this? what do I need to establish the elements? What is the other sides case going to be? How do I discredit the other sides response?

You need to think outside the square but stay within the rules of evidence, I am currently doing a paper on this for the SRL-Resources.org site . Denigration is hard to prove if you only look at it through one source of evidence.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
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