Family Court of Australia and the Management of CSA Allegations

• In Event: Risks of Sexual Violence

Abstract

The Family Law Court of Australia is facing considerable criticism from victim’s advocacy groups for the ways in which it manages cases where child sexual abuse (csa) is alleged. Allegations includes that the FLC (FLC) relies on inaccurate and outdated theories such as parental alienation. Discourses of parental alienation are generally gendered in nature where mothers are alleged to be manipulating children into making allegations of csa against fathers in order to limit the access of fathers to their children. This paper examines examines 147 judgements made in the FLC between 2013 and 2015. Analysis of these judgements indicate that where allegations of csa are made they are also likely to include allegations of domestic violence. Judgements did include discourses of parental alienation, or coaching, deliberate dishonesty, and presentation of inconsistent evidence by the mother. Unsurprisingly, these cases most often resulted in unsubstantiated cases, even where there were direct and independent disclosures from children. Whilst the FLC introduced the use of the Magellan case-management system to deal with serious cases of alleged csa and physical abuse, it is questionable weather this has improved the ability of the court to actively and effectively protect children from abuse.

Author

• Jodi Death, Queensland University of Technology