Seeing the truth
Sometimes a tightly held belief makes it impossible for you to see the other side of an argument. If you’re not willing to budge, there’s no room for negotiations. This can be a real challenge in some parenting arrangements.
The most important thing to remember is what’s going to be best for your children.
As a recent case shows, hanging on to what you simply believe may be true, isn’t good for your children and you could be at risk of perpetrating parental alienation.
Parental alienation can occur when one parent convinces the children to reject the other parent.
Case Example
In this case, the mother alleged the father of two of her children had sexually interfered with the children, that he had committed serious acts of family violence, and that he presented an ongoing unacceptable risk of harm.
The father strenuously denied any wrongdoing regarding the children.
Evidence presented to the court showed the mother had a self-reported history of having been a victim of childhood sexual abuse and adult rape.
The family report noted the mother’s “highly prejudicial childhood and young adulthood”, as well as a “history of anxiety”, and that quite possibly she was “triggered by past trauma”.
The judge noted the children had “certainly” witnessed arguments between the parents, including arguments in which the mother has accused the father of sexual abuse. The judge went on to say:
“The children have come to understand that making certain statements about the father will garner attention from the mother.
“The mother simply refuses to accept any evidence that does not fit with her views of the father. She has made it impossible for the children to maintain a meaningful relationship with the father.”
The court heard the mother viewed events and statements through a “prism of sexual abuse” and she dismissed the inconsistencies between her young children’s statements, and independent observations of the children’s interactions with their father.
The court found that the father did not pose an unacceptable risk of harm to his children.
The judge ordered the father be awarded sole parental responsibility and that both children live with him. The mother was banned from seeing the children at all for a period of three months.
After that, she was allowed to have supervised time with them on alternate weekends, for a period of 12 months.
Allegations of abuse are – and should be – taken very seriously by the courts.
It’s important to make the concerns and needs of your children your top priority.
If you need advice on separation, divorce, child custody arrangements, or any other aspect of family law, please contact our office. The experts at Michael Lynch Family Lawyers are here to help you through this time. Phone: (07) 3221 4300 or email: [email protected]
