Type:	Submission
Title:	PAS, ‘unacceptable risk’ and the culture of the Australian Family Court: how current judicial paradigms are violating CRoC and failing to protect abused children : a submission to the Federal Attorney-General. the Hon Phillip Ruddock MP
Authors:	Humphrey, Jonathan
Keywords:	Family law;Legal issues;Legislation analysis;CALD (culturally and linguistically diverse);Child protection;Human rights;Impact on children and young people
Year:	2005
Notes:	This submission to the Australian Attorney-General argues that, in child custody cases involving allegations of child sexual abuse, the Australian Family Court is failing to act in the best interests of the child and is in violation of the United Nation Convention on the Rights of the Child (CRoC). It gives an overview of cases where abused children are legally compelled to continue an unsafe relationship with the abusive parent, and case studies where children are put at greater risk of abuse by Family Court orders. It focuses on the decision-making models used by judges and other Family Court workers in cases of alleged sexual abuse, examines the application of the unacceptable risk test and the civil standard of proof (and how the unacceptable risk test may breach the CRoC), as well as challenging the Parental Alienation Syndrome (PAS) paradigm underlying the reasoning and decision-making processes of many Family Court judges and lawyers. It also refers to key literature review and research, and discusses how PAS breaches the CroC Article 3 on the best interests of the child. It considers the current reform proposals and submits that the reforms will worsen the current pro-contact family law culture by making it harder for parents to use the family law system to protect their children from sexual abuse with the presumption of equal access and equal parenting. It submits a list of recommendations by adopting the Family Law Council’s blueprint for reform.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/17820
Physical description:	31 p.
Appears in Collections:	Miscellaneous

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