NCJ Number
106585
Date Published
1987
Length
27 pages
Annotation
Family courts in New South Wales, Australia, currently have too much discretion in managing cases of child sexual abuse, resulting in perpetrators' routinely being allowed access to their child victims.
Abstract
A major reason for this problem is the lack of knowledge, skills, and training for many of the professionals who work in the Family Courts. A variety of factors have caused cases to be handled in family courts. When cases reach the court, the mother's intention is usually to prevent the father from seeing the child. However, an analysis of all cases in New South Wales between 1975 and 1985 showed that the court never denied access, regardless of the severity of the child's problems. Many reforms are needed in the current system. Access should be terminated where incestuous abuse is established by objective evidence and where the child's report of the abuse has been validated. Treatment for fathers or use of supervised access centers should not be considered a solution or a reason to permit access. Legislation is also needed that will provide a structure for judicial discretion. Finally, all professionals involved with these cases need intensive inservice training and ongoing education to change attitudes about families, about access, and about incest. Summaries of facts and judicial decisions in nine cases are included. 3 references.