29/10/2019
Children, their truth and the Family Law Court
This week, it is 27 years since I began initially working as a Clinical Counsellor, Psychotherapist and then later as a Credentialed Mental Health Practitioner/Consultant. During this week, I have reflected on both my academic and experiential learning paths, which has included obtaining 5 Academic degrees beginning in 1977 as an RN. I have reflected on the continuing need for mandatory ongoing learning and professional development, which I am a passionate and ardent attender of.
Sadly, this week, yet again, I was reminded by one of my clients, of the profound deficits, ignorance, lack of knowledge and arrogance of numbers of so called “professionals”, who have vested financial interests in their alliances with the Family Law Courts. These professionals include; Lawyers, Barristers, Independent Children’s Lawyers, Single Expert Witnesses and Judges. My client informed me she had been instructed to not believe, focus, inform or disclose any comments made by her children, regarding their negative experiences, because this would prejudice her case. It is so, so profoundly professionally disturbing for me, to be told she was not to believe her children. It is very clear in the research literature, how critical and crucial it is for children to be believed, particularly when they are disclosing matters related to child s*xual abuse and family violence. I recall being horrified when I was asked by a Barrister, during a presentation I was giving on the Voice and Choice of Children; “how can I possibly believe what children tell me.” Well, I actually believe children because it is so, so important, that they, with their thoughts and feelings, are believed, until it is proven, beyond reasonable doubt otherwise. Also, I believe children because they usually do not have vested interests or hidden agendas to not tell the truth, like some adults.
Over the past few years a number of my professional colleagues, including myself, have experienced the most shocking verbal and written professional intimidation and denigration of our professional qualifications, skills and abilities, in the Family Law Court. This has been nothing less than attempted professional assassination by those who choose, no matter what, to align themselves with their financially secure adult clients, to influence Judicial outcomes. This sadly results in the needs, safety, best interests and wellbeing of children, being severely and profoundly compromised.
As a result, many of my colleagues including myself, only see children now for Child Inclusive Practice sessions as a Mediator, under the protection of the Family Law Act or if there is no current Family Law matter before the Court or if it is not anticipated there will be.