Mother Gains Full Custody despite the Court Finding that she engaged in significant False Allegations amounting to Family Violence

I am posting this just to show that even in Australian Family Court cases where False Allegations were PROVEN to be false, they still end up with the mother getting full custody.

See Below:

Wang & Dennison [2009] FamCA 206

This is a case of an Anglo-Australian father and a Chinese-born mother.

After separation, the mother and father lived in separate states. They had two children aged 11 and 9. The father had then re-partnered.

In dispute over 'contact with the children' after separation, the mother made allegations of child sexual abuse against the father. She also made allegations of physical violence by the father against her and the children.

These allegations were found to be baseless, contrived and pre-meditated by the Court.

The mother also engaged in behaviour intended to incite hatred in the children against the father. This alienation proceeded to a degree where the children did not want to spend time with the father and had threatened self-harm if forced to do so.

The Court had concluded that the mother presented as a deceptive and unreliable witness, who was unrelenting in her "alienating" behaviour towards the children against the father, equating to significant family violence.

The Outcome

His Honour ordered equal shared parental responsibility, but that the children live with the mother and spend no time with the father. However, the Judge ordered a "post orders program", as recommended by the supervising family consultant with a view to the girls, being reunited with their father as soon as practicable. (this program subsequently failed: re: Wang & Dennison (No. 2) [2009] FamCA 1251)

http://www.familylawexpress.com.au/family-law-decisions/children/child-abuse/allegations-of-child-abuse/wang-dennison-2009-famca-206/

[–]teufelinderflasche[🍰] 9 points10 points11 points 5 years ago (3 children) | Copy Link

[–]streetsmartwallaby 1 point2 points3 points 5 years ago (2 children) | Copy Link

Did you read through the entire document? It is not nearly as simple as OP seems to be implying.

The judge clearly knows the wife is lying about almost everything and is the one causing most of the domestic violence the kids were exposed to; the judge acknowledges that the husband acted only to protect himself. The judge also acknowledges that the father has been the better parent of the two by far in almost every way.

But the judge also acknowledges that the children will, at the time of the decision, be more traumatized by being forced (emphasis mine) to live with the father than the mother [because a) she has made them that way and b) they have resided solely with her for years at the point this all went to trial] and they they could seriously harm themselves if forced to do so. The judge, to me, does not seem happy at all at making that determination.

The judge then proposes a reasonable (to me) plan for an attempt at reunification and follow up with the court. Which it sounds like fell apart but I can’t find any further documentation to be sure.

[–]teufelinderflasche[🍰] 1 point2 points3 points 5 years ago (1 child) | Copy Link

[–]streetsmartwallaby 1 point2 points3 points 5 years ago (0 children) | Copy Link

[–]Knave7575 6 points7 points8 points 5 years ago (4 children) | Copy Link

[–]streetsmartwallaby 1 point2 points3 points 5 years ago (3 children) | Copy Link

I’m sure this not going to be a popular opinion but…

Did you not read the document? The judge excoriates the wife (states outright that the wife is lying / untruthful about almost everything at almost every point) and exonerates the father. The judge seems to be absolutely on the father’s side. The judge notes that the mother’s daughter from a previous marriage chooses to live with her stepfather (the husband) because the mom is so unstable / harmful.

But because the mother has so poisoned the kids and being with their father would be so traumatizing (because of the mother’s actions) that the children would likely harm themselves if forced to live with the father. The judge stipulates a plan for family reunification which, apparently, did not work although I can not find details of this.

The judge does not seem, to me, in any way happy to have made this decision.

I don’t doubt any of this; I have a friend who had almost the exact same thing happen between him and his two kids. As the daughters got older (20’s) they realized their dad was not the bad guy and their mom had been lying to them for basically their entire lives. They now have almost no contact with her. Turns out karma’s a stone cold b**ch. Let’s hope, by now, the father has gotten some of that sweet sweet karma.

[–]Knave7575 2 points3 points4 points 5 years ago (2 children) | Copy Link

[–]streetsmartwallaby 0 points1 point2 points 5 years ago (1 child) | Copy Link

[–]Knave7575 3 points4 points5 points 5 years ago (0 children) | Copy Link

I happened to have won my court case, which I mention just to assure you that I have no bitterness that I need to vent.

In Canada, the losing party pays costs to the winner. The gender bias is blinding.

When the mothers win, the fathers generally pay the expected costs (about 60-80% of the mother's costs). Furthermore, those costs are generally set to be enforced by a government agency, which means that the father will definitely pay.

When the father wins, the judges often say "the mother had good intentions" or "costs would just make them mad at each other"... or some other platitude. As a result, fathers generally get minimal to no cost awards in their favour. Not only that, if they do win a costs award, they have to collect it themselves, which means that mothers generally do not pay any costs at all because there are no consequences to it.

If I had time and money, I would take some court cases, strip out the gendered terms, and ask people (lawyers) who should have won, and if the judgement was fair. I imagine it would be an enlightening project.

[–]LawExpress 0 points1 point2 points 5 years ago (0 children) | Copy Link

Title	Mother Gains Full Custody despite the Court Finding that she engaged in significant False Allegations amounting to Family Violence
Author	robertstgeorge
Upvotes	25
Comments	10
Date	May 25, 2021 9:45 AM UTC (5 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/nkltcq/mother_gains_full_custody_despite_the_court/
Archive Link	https://theredarchive.com/r/Divorce_Men/mother-gains-full-custody-despite-the-court.816942 https://theredarchive.com/post/816942

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