Courts send children to live with violent parents

 Abused children's needs ignored - researchers

- Children in domestic violence "ignored"
- Report commissioned by Attorney General

-Join us over on Facebook | Twitter

COURTS are delivering children to their abusers and ignoring or disbelieving claims of domestic violence.

Australian academics have found that children are sent to live with abusive parents because lawyers and judges are emphasising shared parenting, at the expense of the child's safety.

The investigation also found:

* Professionals in the family law system often do not believe allegations of domestic violence or counsel the innocent parent not to mention it for fear of sounding vindictive and of risking contact with their children.

* After divorce or separation, four in 10 children are scared to spend time with the father and almost one in 10 does not feel safe with the mother.

The Federal Attorney-General's Department commissioned the report as part of a review of 2006 changes to the Family Law Act.

University of South Australia adjunct professor Dale Bagshaw, who co-led a team of academics from UniSA and interstate, said the system needed a complete overhaul to make child safety the highest priority.

"The biggest problem reported to us was kids going into unsafe situations because the emphasis on parental rights has been given the same emphasis as the safety of the child," Professor Bagshaw said.

"We are arguing that ... the safety of the child should be given the highest priority and any accusation of violence should be investigated before the child is sent to stay with the abusive parent."

Professor Bagshaw said throughout the separation process, children felt powerless because they were not given a say about parenting arrangements or their wishes were ignored.

The report's recommendations include that children's welfare needs be paramount, that victims' rights be given priority over children's contact with the perpetrator, and that all family law professionals should have more education on family violence.

Law Society of SA president Richard Mellows said while he could not comment directly on the report, he was aware there were public misconceptions about the legal changes.

He said courts still had to determine what was in the best interest of the child when making parenting orders, and that any proof of violence would be heard in court.

Researchers spoke to more than 1000 adults and more than 100 children.

News.com.au