Personal Experiences of the Family Court System

• NCJ Number: 202782
• Author(s): Anonymous
• Date Published: May 2003
• Length: 4 pages
• Sponsoring Agency: Australian Institute of Criminology
• Sale Source: Australian Institute of Criminology
• Publication Format: Document (Online)
• Publication Type: Case Study
• Language: English
• Country: Australia
• Note: Paper presented at the Child Sexual Abuse: Justice Response or Alternative Resolution Conference held in Adelaide, Australia, May 1-2, 2003; Downloaded November 6, 2003.

Annotation

This paper, written by a mother whose young child was taken from her custody by an Australian family court and given to a father with HIV/AIDS and a history of domestic assault and criminal behavior, complains about the family court's failure to understand and act appropriately to meet the needs of her child.

Abstract

After 6 months of marriage, the woman left her husband because of domestic violence, subsequently giving birth to their daughter. She later learned that her husband had 26 criminal convictions, 2 of which were for sexual assault; was bisexual; and had been HIV positive for up to 10 years. He had a life expectancy of 7 years. Although her partner had not lived with the mother and the baby daughter and had little contact with the child, he applied to the family court for supervised access. Concerned about the safety of her child, the mother moved from the area with the child. She was tracked down by Federal Police, who took the young child and placed her in foster care, where she could have no contact with her mother. Police notified her father of the location of the foster home, and he took her to his home, where she has lived ever since. The father was initially granted continuous access and subsequent custody of the child. The mother's contact with her daughter is restricted to three 6-hour sessions a month. After 4 years, the daughter, who is currently 7 years old is the primary caregiver for a man who is dying of AIDS. There is no guarantee that the mother will be given custody of the child after his death. Her continuous efforts to gain custody of her daughter through the family court have been hampered by her inability to afford legal counsel, while the father has always been legally represented. The mother believes the family court is punishing her because she acted outside the jurisdiction and mandate of the court in leaving the court's jurisdiction. She argues that the court has shown a complete disregard for her daughter's welfare during her crucial years of childhood and adolescent development.