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Contact exchange/handover violence and FCoA response

How does the FCoA respond to threats and violence involving children and peripheral persons in family break down situations. Predominantly at change overs?

How does the FCoA respond to threats and violence involving children and peripheral persons in family break down situations. Predominantly at change overs. Court Publications state that there is a separate form to fill out if you have fears about violence and that this should be submitted to the court at the same time you file. Can anyone tell me if this is taken seriously by the court, what process takes place and what then comes into play to protect children in bad situations? Does it get priority etc?
How does the FCoA respond to threats and violence involving children and peripheral persons in family break down situations.
Violence is a proposition that is considered unfavourably in the Family Court. The are sections in the Family Law Act 1975 that treat violence and judges apply discretion in how they factor evidence in relationto violence into their judgements.

It is an observation that violence in cases is a significant factor. Verbal Abuse is a form of violence that is also heard.

In property cases the inclusion of evidence in respect of a partner or children is considered with s.75(2)(o). It has been factored in as grounds for a greater share of the asset pool. When violence is evident in respect of both parties the court is challenged. I assume after reading judgements and hearing parental proceedings that a party with the need to respond to allegations in respect of violence, in any of it's forms, might consider consent orders as a meaningful way to obtain a resolution. Violence against children has to be considered in the child's best interests. What is also evident is that when evidence exists of false allegations in respect of child abuse the court is not entertained by contrived evidence.

Respect for the court is a good framework in putting arguments. Just as perfect crimes are in need of a multi-dimensioned script to survive forensic cross-examination that might be anticipated.

Court Publications state that there is a separate form to fill out if you have fears about violence and that this should be submitted to the court at the same time you file. Can anyone tell me if this is taken seriously by the court, what process takes place and what then comes into play to protect children in bad situations? Does it get priority etc?

  A Form 4 can be found at: http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/forms_fees/All+Forms/List+of+all+forms/FCOA_form_NChild_Abuse, a prudent use of that form is counseled. In a case known of by this portal, a judge indicated to a party in a matter that filing a Form 20 was not appropriate. A judge scrutinised the associated affidavit and did not entertain the the matter further. Those allegingviolence are seen stressed in hearings. Women contriving child abuse have to my observation lost parental control as they were not seen to be acting in the best interests of the child(ren). It is hard enough to win a case using real evidence let alone having to manifest evidence for a fictional allegation.

The court can only deliver orders that good parents can use as a functional guide. As a responsible parent working with the orders and seeking changes only when it is in the best interests children the court can be a good proposition. The court has powers to hear matters in an urgent mode and can respond when it is established as being necessary. Visiting the Family court and knowing how matters are heard is the best way I know of preparing one's self for court.

Furthermore, the Act sets out the circumstances in which the presumption will not apply.  Section 61DA(2) states:


"The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with the parent of the child) has engaged in:




-    abuse of the child or another child who, at the time, was a member of the parent's family (or that other person's family);


or family violence

Last edit: by verdad


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
So if there was a peripheral person at change over's who in the past has verbally assaulted my person and threatened/attempted to assualt me physically in front of child and dozens of people - this would be enough for the court to react against that person. There is a real chance that this person will attend the next change over as a way to intimidate me. I have no doubt they will be there and I would like the court to restrict them if they have that power.
The police have said that they won't deal with Family Law stuff as they said it it "Dirty Law" ( and this is a direct quote). Now my only recourse is for the FCoA to do something. Do you agree? Am I right.
the promptness with which domestic violence is dealt with is directly linked to where you live. In large townships and cities, with more anonymity, the police are likely to respond in a timely fashion. In smaller communities in the bush, it is found that police are reluctant to get involved because they have connections of some sort with either the perpetrator or the victim.
Granma, another factor is whether or not children are at the location, if yes then response will be a lot quicker than if not.
MikeT,
Domestic violence in the process of happening would probably instigate a visit by the authorities.  My problem is with a child returning to her mum hysterical with the news that her daddy had told her he was going to kill her mummy (vehemently) by choking her and watching her die.  Certain members of the police force drink with members of the offenders family.  They say they have no evidence and cannot accept the word of an 8 yr old child.  It seems that unless there are outside witnesses to these actions, the victimisation can continue.  I am at a complete loss.
And of course if this is fabricated as a way to align children people should simply be thrown in the hooscow and left to rot.

Coming from a small community and knowing a few cops and the scrutiny they can come under I have to say that they can only act on what they can.

If you need to address a certain problem it may be best to initiate a post rather than try and undermine existing ones.

I do not find a problem discussing issues but it's a bit hard when no one has and idea what the issues are.
Monster, that is the worse thing you can do. You would be seen as further abusing the child, dragging them off to a GP.

The father could be seen as saying something "in the heat of the moment".

What mum should do is document this in a diary. The dad has not made any threat on the child. The child should still have contact. But a case should be building with all of this as evidence.

The views of an 8 year old would hold much sway with the family reporter.

If the mother has genuine fears about violence at handovers, handovers should be supervised.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Sorry granma I think you may have to clarify the problem further as to when this happened and a little bit more situational information.

If this was from your personal experience time factor may play apart as to expectations from the system then, if it is concerning your daughter and granddaughter there may be other ways of approaching the situation.
In QLD you can obtain a Protection Order Application (form DV1) from the court. Page 6 allows you to name relatives and associates details
as well as the children on the order. You don't need the police to be involved to apply. I think all judges and courts realize their is a certain level of claimed domestic violence in separation these days. I believe DVO's are over used, it only takes one moment of conflict and your name is on one as the respondent, then depending on the conditions you could lose any contact that you have with the kids until consent orders are in place.

Last edit: by imadad


If you don't talk about it, how can anyone help you move forward!
Certain members of the police force drink with members of the offenders family.  They say they have no evidence and cannot accept the word of an 8 yr old child.  It seems that unless there are outside witnesses to these actions, the victimisation can continue.  I am at a complete loss.
 
Granma: I WAS assaulted at a change over one day by ex family members  right in front of my kids. I was there to hand the children back, I had a lot of evidence in the way of prior warnings and who was giving the advice, I had a recording of the event as well, I didn't even fight back for fear of it going against me as a breach of a DVO. I did all the right procedures with statements and medical assessments but in the end
nothing was done.

If you don't talk about it, how can anyone help you move forward!
Welcome to the club of DVO's, AVO's and IO's imadad. These have a proper purpose within the Law but appear to be used more for woman to abuse the Court system and alienate or control men than their Lawful purpose.

False claims by woman to a man has made claims to a child are also common. My X claimed she knew I could fly a plane and the children told her I was going to fly them to Tasmania then NZ. Mushin J admitted the probability in her claims was not there but because she had hidden at a woman's refuge to prevent school holiday child contact (now interaction) I should be prevented from having any school holiday contact. Transcript available as proof if you want it Conan.

Granma, "that her daddy had told her he was going to kill her mummy" are these the words you heard from the child and state you saw the child in, or claims made by the mother to stimulate support and sympathy for her plight of lose of control of that child while interacting with the father?
I have seen mothers make, and had my Ex make similar statements not because I had made the statements claimed or caused the state of the child. This was because the children were looking forward to their next time with me, much to the mother's disgust.
It was the mother who made the statements and caused the child fear then claimed I made the statements to cause a defence of the mother. Common Lawyer tactics and information passed on to mothers by others who manipulated the Law to cause a denial of a right of a child to interact with all their family members.

This is supported by the lack of Police response due to making a death threat is a Crime in most if not all States. The attitude of the child when asked about such a statement will reinforce the direction of the investigations and reflect the probability the mother has coached the child.

My children gave detailed account of what the mother had said she wanted to happen to me. The Psychologist doing the family report claimed the child made a statement I had said similar but could give no detail. So, who made the threats and why the general statement against me? Firstly the mother made the threats and to water down the evidence against the mother the Psychologist had to falsely claim similar statements had to have been made by me. This same Psychologist reported the test he gave us both showed the mother was more truthful than I, the truth was the mother's test result was her test was invalid because too many of her answers were contradictions therefore had to be other than the truth.

Don't get me wrong, there are dysfunctional people who threaten the life of the other parent, but great care is needed when looking into if such threats are real or made up. The effect on the child by accepting false claims to threats is life changing to the child and until the Courts more readily allow a father to make an IO, DVO, AVO against a mother these false claims will continue.
No-Justice said
Don't get me wrong, there are dysfunctional people who threaten the life of the other parent, but great care is needed when looking into if such threats are real or made up. The effect on the child by accepting false claims to threats is life changing to the child and until the Courts more readily allow a father to make an IO, DVO, AVO against a mother these false claims will continue.
We agree and it is critical that every avenue is explored other than using / resorting to dvo / avo proceedings. My experience is that these things harden attitudes, cause huge issues later on and do not do anything to resolve the fundamental issues of on going sharing of parental duties.

It is important handover is not frought with threats or violence against family members. You need to resolve that issue immediately. The child cannot be involved in these family issues on handover and a colleague must accompany you. I am not in favour of the increasing use of AVO/DVO proceedings (in every state) which are becoming once more the primary means of assault on fathers who , more often than not, are crying out for contact arrangements. I have only just finished assisting in a contravention matter that went over five months lodged by the son against the father which was the biggest travesty and misuse of court time I have ever seen. The mother kept pulling the boy out of school to attend local court (In his surf shorts and beach skivvy) only to be amazed that she did not get her day to lambaste the father and report on all the ills of the relationship. It is a credit to some of the local courts that they have Magistrates who are very experienced and can get to the bottom of issues and defuse things.

I suggest a read of the book Michael Green QC "Shared Parenting" and a quick read of the news article

Also some of the Topics in the behaviour forums. Not an easy subject and a hot topic for sure.

Executive Secretary - Shared Parenting Council of Australia
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Yes I have seen a lot of that about shared parenting. It brings the words of a mother to ring back in my ears, "I have a dreaded contact weekend next weekend".

Note it is "deaded contact" when the children were off to the fathers, not she would have a weekend to do her own thing which is what we were discussing, when she could go out with me.

When I asked why it was "dreaded contact" she commented on how happy the children were and what they had done she could or would not do with the children.

A Guest said on the 25 June "So if there was a peripheral person at change over's who in the past has verbally assaulted my person and threatened/attempted to assualt me physically in front of child and dozens of people" I would say a State Court DVO, IO or AVO is called for citing the peripheral person. If there are so many witnesses such an Order would also support in my thinking interferance with Court Ordered interaction that amounts to Contempt of a Court Order when committed by a person not cited on the Order.

This might lead to Court Orders preventing that person from being in your presence or handover. Demonstrate the other parent is supporting interaction but causing conflict that is not in the childrens best interest.
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