Wednesday, May 4, 2011

This paper argues that conditions are created for the de facto operating presumption of the Parental Alienation Syndrome paradigm in the courts because the Family Court of Australia lacks the funding to investigate allegations of child abuse by a parent.

http://www.aic.gov.au/conferences/2003-abuse/mcinnes.pdf

McInnes, E
In: Conference papers: Child Sexual Abuse: Justice Response or Alternative Resolution Conference, Adelaide, May 2003. Canberra: Australian Institute of Criminology, 2003, 8p. Online only (43 KB)

At its simplest, the Parental Alienation Syndrome paradigm claims that allegations of child abuse are invented and that children's statements and manifestations of fear are the outcome of parental coaching. This paper argues that conditions are created for the de facto operating presumption of the Parental Alienation Syndrome paradigm in the courts because the Family Court of Australia lacks the funding to investigate allegations of child abuse by a parent. The author suggests that because the private adversarial system of family law commonly fails to substantiate allegations of child abuse, safety for children in family law proceedings who are subject to abuse depends on access to a national professional investigative service to inform the Court. She calls for a redefinition of a child's best interests in the Family Law Act to give safety the highest value.

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