John R QuinnJohn R Quinn
  • Home
  • Home
  • Services
    • Marriage & Prenuptial Agreements
    • Divorce & Separation
    • Property & Financial Arrangements
    • Wills & Succession Act
    • Children & Parenting
    • Overseas & Expatriates
  • Our Lawyers
  • FAQ
  • News
  • Contact Us
(+61 2) 9283 3344
Home In the media Rosie Batty: courts’ aim for shared custody leaves children at risk

Rosie Batty: courts’ aim for shared custody leaves children at risk

Domestic violence campaigner says legal system ‘often fails to recognise the impact of family violence’

The domestic violence campaigner Rosie Batty has said there should be no presumption of shared custody of children, arguing parents’ sense of “entitlement” to custody is exposing children to violence.

The former Australian of the Year accused courts of dismissing survivors’ claims of violence even where backed with proof and said in practice shared custody had resulted in courts forcing children to have ongoing contact with violent parents.

Batty made the comments in a speech to the National Press Club calling for adoption of legal changes in Women’s Legal Services Australia’s five-point plan to combat family violence.

Batty said the legal system “too often fails to recognise the impact of family violence” and was overburdened and underfunded, leaving parents feeling powerless to protect their children.

She said despite changes to family law in 2012 children’s safety is still not being prioritised because “it is in the very culture of the family law system that has the responsibility to apply it”.

“All too often, survivors even with proof have their fears written off as anxiety or obsession. Minimised or dismissed. Accused of exaggerating or manipulating the system.

“Children who say they are afraid, or bravely disclose their own abuse, are routinely seen as having had their minds influenced and poisoned by their mother’s animosity towards the father and are not believed.

“The court can then order these very same children to continue to spend time with, or even live with, the alleged abuser – a truly diabolical and unacceptable situation.”

Batty told the story of a child who was ordered to live with his father despite alleged violence towards both his son and former partner. Eventually, enough evidence was gathered for an apprehended violence order but not before the child ran away from home and experienced suicidal thoughts.

Under Australian family law the best interests of the children is the paramount consideration when considering custody.

 

Read More: The Guardian

By: Paul Karp

Back to News


Contact Us

John R Quinn & Co. Family Lawyers
Level 12, 60 Park Street
Sydney NSW 2000

The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.

Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.

Phone
(+61 2) 9283 3344
Email
mail@quinnlawyers.com.au
Fax
9283 3366

In The Press

The government still wants a Family Court merger — new research shows why this is not the answer

October 13, 2016quinn lawyers

Courts are delighted to welcome new judicial appointments

October 13, 2016quinn lawyers

'I'm not interested in just more reviews': Anne Hollonds on the struggle to protect Australia's children

October 13, 2016quinn lawyers

A decades-long crisis: the battle to fix Australia's 'broken' family law system

October 13, 2016quinn lawyers
More

John R Quinn News

John R Quinn & Co Welcomes Lawyer, Mark Borda & Senior Legal Secretary, Jane Norton

October 13, 2016quinn lawyers

The 'International Academy of International Lawyers' becomes the 'International Academy of Family Lawyers'

October 13, 2016quinn lawyers

John Quinn is a fellow of the International Academy of Family Lawyers

October 13, 2016quinn lawyers

Barry Beilby brings Succession Act experience

October 13, 2016quinn lawyers
More

FAQ

Cost disclosure

What to expect from my first appointment with a lawyer from John R. Quinn and Co.

Why should I use John R. Quinn & Co?

Why use an accredited specialist lawyer when seeking a divorce?

More
John R Quinn & Co. Family Lawyers Logo black
Accredited Specialists in Family Law
© 2020. All rights reserved. Liability limited by a scheme approved under Professional Standards Legislation.