The current trend in Family Court, is for mothers to make False Allegations against former or current partners. They can do so with virtual IMPUNITY, knowing that nothing they say will effectively be challenged by the Court.
Yes, they can make the most appalling claims about the most decent and loving Dad … and get away with it. Even accusing you of SEXUAL ABUSE against your own children ! Furthermore, if not challenged correctly, these allegations remain in Court records and essentially become accepted as FACT ! That means they NEVER go away and will forever be there to haunt you as PROOF that you’re a bad person, an abuser, a rapist, a drug addict … almost anything !
It gets worse … abuse equals LEGAL AID and Mothers are often advised to get their solicitor to actually write the allegations on Court forms. That makes the allegations “privileged”, which means that, however dreadful and unsubstantiated they are, Fathers can’t even sue for libel/slander/defamation ! This costs a small fortune anyway and is a tortuous process, which Mothers already know ! Specialist lawyers/barristers often quote a £10,000 ‘upfront payment’ followed by anything up to £50,000 in further fees. Hardly surprising that vindictive ex’s will cheerfully accept this route !
It is true that Family Court will have to consider such a serious matter … ultimately though, they’ll do virtually nothing to validate any allegations. It seems a Mother can do and say whatever she likes and … if you are not VERY careful … it is likely to be treated as FACT.
There is a growing trend towards abuse of the system using this evil practice. Not just in the UK either. But help is at hand ….
FALSE ALLEGATIONS SUPPORT ORGANISATION (FASO)
NATIONAL HELPLINE 0844 335 1992
FASO www.false-allegations.org.uk FASO
False abuse claims are the new court weapon, retiring judge says.
Published: July 5th, 2013 | Written By: Harriet Alexander
Rise in hostility: Justice David Collier. (Australia)
Allegations of child sexual abuse are being increasingly invented by mothers to stop fathers from seeing their children, says a retiring Family Court judge.
Justice David Collier, retiring from Parramatta Family Court at the end of the month after 14 years on the bench, sees unprecedented hostility infiltrating the Family Court, and a willingness by parents to use their children to damage one another.
”If a husband and wife really get down to it in this day and age, dirt flies,” Justice Collier said.
The worst are those mothers who direct false allegations of abuse against former partners.
”When you have heard the evidence, you realise that this is a person who’s so determined to win that he or she will say anything. I’m satisfied that a number of people who have appeared before me have known that it is one of the ways of completely shutting husbands out of the child’s life.
”It’s a horrible weapon.”
Such cases are fraught for Family Court judges. Once an allegation has been made it is impossible to ignore. The court must deem whether there is an ”unacceptable risk” of abuse occurring in the father’s care.
Sometimes the allegations are obviously fabricated, other times they are probably true.
”It’s that grey area in the middle that you lose sleep over at night, and you do lose sleep,” Justice Collier said.
”They’re difficult to disprove. The allegation lingers there.”
Barrister Esther Lawson, who sits on the family law committee at the NSW Bar Association, said anecdotally there appeared to be an increase in allegations of sexual abuse coming before the court, but the reasons were unclear.
She also warned that the consequence of false allegations could return to haunt the accuser, including the loss of time with their children.
”Clearly there are cases where there is reliable evidence that sexual abuse has taken place and these matters need to be properly ventilated,” Ms Lawson said.
”But if the court finds that allegations have been maliciously motivated then there may be potential consequences, including a change in the child’s primary residence.”
It is rare for Family Court judges to speak publicly about their views. Many are still haunted by the 1980 murder of Justice David Opas and 1984 bombings of the Parramatta Family Court building and homes of two judges.
Judgments are now more involved, partly so the losing party can understand the reasoning behind decisions. Justice Collier said the cases were also more complicated, as litigants raise more matters and run each of them to earth. Facebook pages are frequently called into evidence.
”A mother declares she lives a chaste and modest life and then on Facebook says, ‘Guess what I did last night’, and Dad’s only too happy to put it before you.”
He puts much of the venom down to a generation of people more assertive of their rights, and now entering relationships.
But it disheartens him to leave the court so, after a satisfying career. He used to keep a magic wand, which he has now passed on to his colleague Justice Bill Johnson.
”I wished I could wave that magic wand and say, ‘Be nice to each other’,” Justice Collier said. ”That’s the only order I would have to make.”