Donate Child Support Calculator
Skip navigation

Father successfully has a sexual abuse case dismissed.

4mydaughter today defended and obtained a significant outcome in a local court

It is surely problematic for a father who is accused of sexual abuse to gather himself and prepare to defend himself from allegations which a Local Court Magistrate regarded as fabricated. Other fathers might appreciate the significance of such a moment.

It takes a substantial effort to manifest the preparation 4mydaughter put before the court. His research was impressive. It appears that the condemnation of the mother by the Magistrate will be significant in the Magellan matter that will be heard next year. With the basis of the mother's case fragmented by the reasoning of the Magistrate, her custody of the child could be affected by both the outcome and other evidence that arose during the hearing. The father has no intention to exclude the mother from the child's life and it might be him who comes to the mother's aid.

With the court finding the mother has coached the child the ramifications for her could be problematic. In other Magellan proceedings I have observed mother's being only able to have supervised contact.

Of concern is the manner in which the DoCS and JIRTS conducted their interview with a pre-school child. The non-adherence to established protocols as set down has caused court's resources to be misspent and unwarranted anguish to those alleged to have effected abuse. The flatmate of the father was also accused after he filed an affidavit in the Family Court. Repeated questions, misleading and leading questions caused in plausible evidence. The mind set of the interviewers has found them not pursuing any alternative explanations. The need for these interviewers is an imperative. Perhaps this is an example which indicates a deficiency in their training.

The concept wherein the Family Court has an alternative forum where allegations can be tested at an earlier stage needs pursuing. Contraventions are consuming more of the court's and parents resources than is appropriate. The allegations in this matter originated in February and the child's contact with her father was affected. His concerns in respect of the mother's state of mind affecting the child caused him continuous anguish.

There are abuses of children that warrant court determinations. Unwarranted allegations by either parent cause affects in the child(ren), tend to exacerbate mental health issues in a parent, and, see the overloaded court to stagnate under the load.

The real winner here is the child who can now benefit from a caring father. Merry Christmas for all.

The example of this matter might give strength to those parents facing  such allegations.

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
The lack of penalty being applied to the people being paid to implement this demented system is the problem.

4mydaughter should have the right to apply for compensation from ALL involved.

I have experienced the fear of unsubstantiated accusations however the fear of the system that purports to investigate them is much greater.

A mirror held to their attitudes could not be big enough.
Yes Styx it would be interesting to see how much it costs a parent to defend themselves against these types of allegations - including in lost work time and productivity (I mean really, how you are expected to keep functioning properly is a mystery to me) not to mention reputation, relationship with their children etc.
If the 'investigators' act effectively and in genuine good faith then they are just doing their job, but where they are incompetent or biased I think someone needs to be accountable. Obviously the false accuser is the real problem but without being enabled by the authorities these people wouldn't be able to cause the level of harm that they achieve.  
I'd like to thank - once again - Verdad and Monaro for their unwavering support and assistance.

You're both legends!

Verdad and I have been banging heads recently - sense testing theories and legal reasoning.

I think I finally drove him batty. Or was he always batty? ; )

Bring on the Magellan hearing in Feb 2010. Obviously lots of work to be done between now and then.

If I can be of assistance to anyone with respect sexual abuse allegations, I'm happy to share my learnings.

Today's success occurred in the local court with respect an ADVO application involving sexual abuse allegations of a pre-school child.




4MYDAUGHTER
I need a big clapping hands emoticon LOL.
It is the best feeling when allegations are proven false in court and that DOCS don't do their job properly.
Well done 4mydaughter and Good Luck for February.
Thanks, Faith.

Just returned from the Local Court… ordered the audio of the Magistrates Reasons for Judgement.

The Court staff came up to me and asked me if I was all right after yesterday, as I got bit teary after the Magistrate had finished.

The nice to know the staff in the Local Court DO actually care.


4MYDAUGHTER
With all respect 4mydaughter all I see is perpetuation of a dysfunctional system.

I appreciate that these issues need to be resolved however supporting the current "prove your self innocent" system only allows legal parasites and single issue people a benefit.

I will not go into my reaction upon having these false accusations levelled at me other than to say the sentence for murder was not a deterrent.
styx said
With all respect 4mydaughter all I see is perpetuation of a dysfunctional system.

I appreciate that these issues need to be resolved however supporting the current "prove your self innocent" system only allows legal parasites and single issue people a benefit.

I will not go into my reaction upon having these false accusations levelled at me other than to say the sentence for murder was not a deterrent.

With respect false sexual abuse allegations, the problem is the growing disparity between child sexual abuse theory and frontline practice by child protection workers.

Constant staff turnover and retention problems creates problems as there is little retained experience.

They are not trained with an awareness of current best practice.

Also, the mandatory laws remove personal accountability and responsibility from child protection workers.

False abuse allegations spread scarce resources thinly.

Not much you can do about the system really. It's just the way it is.

It's a waste of emotional energy worrying about it.


4MYDAUGHTER
Thankyou 4mydaughter for your considered reply.

I suppose my anger is on display and I am sorry that you think my comments could be interpreted as not understanding or appreciating the endeavour and effort you have put yourself though in response to false allegations.

I suppose we simply need to agree that the system is incompetent and we should not worry about it.
styx said
Thankyou 4mydaughter for your considered reply.

I suppose my anger is on display and Iamsorry that youthinkmy commentscould be interpreted as not understanding or appreciating the endeavour and effort you have putyourself though in response to false allegations.

I suppose we simply need to agree that the system is incompetent and we should not worry about it.

My friend. Wasn't having a go at you. Sorry if I came across that way.

I get angry when I don't understand the why's, how's, etc.

It's not a perfect system and it will NEVER a perfect system.

For me now, it doesn't serve any purpose wasting energy getting mad at the system.

I think emotional energy is best invested into something worthwhile.

But - who am I to say these things. I've just been ranting to Verdad about JIRT and DoCS.

Earlier today I fired off via fax some correspondence to the CEO and Operations Manager of NSW DoCS, threatening to hold them personally responsible should my daughter come to harm at the hands of the mother, after having been warned of the dangers.

Specified an action plan that they must report back on within 14 days.

Don't expect anything will come of it. BUT hey - it's felt good to vent!



He quite

4MYDAUGHTER

NSW to adopt new child protection system from January

This news item suggests that there are concerns in regard of child protection in NSW. It is to be hoped that associated essential training is involved. In one interview there was mention of a "decision tree" to assist informants identify Persons of Interest (POIs) . There is possibly protocols that need to be followed which could assist those affected in understanding as to whether authorities have acted appropriately. one imagines that the 'tree' would be a document admissible in court should the need arise.

Brendan Trembath - World Today said
NSW to adopt new child protection system from January
Brendan Trembath reported this story on World Today Wednesday, December 2, 2009 12:34:00


LINDA BURNEY: Is this system going to stop every child death? I don't think any system in the whole world stops every child death. Will this system mean that there will be more support, urgent support to families that need it and children that need it? The answer is yes.
BRENDAN TREMBATH: The standard questions which will soon be asked in New South Wales have been designed by the US
child protection expert Dr Raelene Freitag.
She's the director of the Children's Research Centre.
RAELENE FREITAG: We kind of fool ourselves sometimes into thinking if we had more information we could make a better decision, and it turns out that if you know the right pieces if information to get you can usually make a better decision more efficiently.
BRENDAN TREMBATH: So these are like clues. You might never have the complete picture but you do have clues in front of you.
RAELENE FREITAG: That's exactly right.
BRENDAN TREMBATH: Reporting suspected child abuse promptly is vital but authorities have to also ensure cases are followed up as soon as possible.
The Queensland Government has today defended delays in the time taken by its child safety officers to see children at risk of being abused.
The Government says a number of the families it works with are very mobile and sometimes they move to avoid the child safety system.
ELEANOR HALL: Brendan Trembath reporting


Another URL provides:

Ms Burney says from next month the state will have a world first approach for identifying and reporting child abuse. "So every single person in New South Wales that's a mandatory reporter - that's nurses, police, health workers, teachers - will have the same instrument, or the same process for making decisions about where a child needs to be referred to," she said.

"There are things called decision trees and I've got one in front of me at the moment.

"The first question is 'Do you think this child is being physically abused?' "If the answer is yes you go to another box that says, 'Has there been any disclosure by the child about abuse within the home?'  If the answer is yes then the next box says, 'Report immediately to community services' because that child is at significant risk of harm. "If on the other hand the answer is no it will lead you to a different decision."  Ms Burney is optimistic about the new system, but she is also realistic about the scale of the problem.
" http://www.abc.net.au/news/stories/2009/12/02/2760087.htm?section=australia

SDM and Mandatory Reporter Guidance (DoCS site)


Linda Mallett (Community Services) provided an update on the Mandatory Reporter Guidance (MRG) workshop and the SDM trial at Helpline. It was noted that:

                         A three-day workshop on MRG, held in late July 09, was well attended by approximately 60 representatives of NGOs and government agencies. Input from three day workshops on 27, 29 & 30 July, facilitated by the US- based Children's Resource Center (CRC). The CRC assisted in the redrafting of MRG manual, which includes definitions and 15 decision trees. The manual has been circulated to workshop participants seeking feedback by 28 August. The short turn around response is necessary if CRC facilitators are to finalise the manual by the end of August 2009.

                         A five-day field test for Structured Decision Making was held at Helpline from 31 July 09. Participants took reports over the phone, completed the Initial Assessment as per standard operating procedures but additionally applied the Screening Tool and the Prioritisation Tool. Comparisons were then made between the conventional and SDM outcome.

                         Work is currently underway to develop the decision tree tools as an on line resource.

                         Members who attended the MRG workshops reinforced the outcomes as positive and useful http://www.community.nsw.gov.au/DOCSWR/_assets/main/LIB100040/SSAG_MIN25AUG09.PDF


There are no obvious 'decision trees' on this DoCS site.

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
Update.

The mother's solicitor yesterday indicated that they will continue to advance the false sexual abuse claims in the Family Court regardless of the Local Court outcome.

I'd better go buy that children's bedroom suite posted on ebay.

4MYDAUGHTER
Is that a good thing, 4mydaughter? Will it bite her in the backside and thereby save your daughter from this BS?

I hope so.
1 guest and 0 members have just viewed this.

Recent Tweets