How a small group of professionals were able to raise children’s voices above the din

Children’s voices being heard above the racket in family court

proceedings:

Researcher: Wendy Foote PhD findings Purposive sample – dispute between experts21 judgments 1997-2001Thematic analysis Using literature review and repeated

themes.

Reason for the research:Working as a child and adolescent child

sexual assault counsellor

Aware of different criteria being used in different legal contexts

Influential assessing professionals in Family Law context – court ordered assessor- usually child and family psychiatrists

Foundations of psychiatry/family law framework - 1980s

Small clinical and unrepresentative samples

Predominantly presented false allegations mothers in custody disputes

Focus on true/false dichotomy

Foundations of psychiatry/family law framework - 1980sInfluential practitioners o f the day- eg

Gardner

Anti mother bias

Use of allegation as court room tactic

Psychiatry/family law framework

The interplay between the child’s and the custodial parent’s fears may result in increasing symptoms in the child and/or

interpretation of the non custodial deceit but is instead an example of overreaction

and misperception in which both custodial parent and the child develop a

shared belief that the abuse has occurred and/or could occur during

contact with the other parent.

(Sink, 1988:147) 

Recent developments in the field:Greater range of disciplinesLarger research samplesAssessment schedules more inclusive of

children’s experiencesBroader range of possible explanations

including Allegations as indicator of CSA

Results:Context of family law-

Family dispute/conflict is a frame through which the evidence is interpreted.

Skepticism about allegations

Minimisation

Focus on alleger – motive, mental health, quality of evidence

High threshold of evidence to hear allegations

Professionals giving evidence external experts 23

court-ordered assessors 32

external treating professionals 16

Explanation for

allegation

Opinion of/Judge Opinion of hired

professionals

Opinion of/CP,

Police, Health

Opinion

of/court-ordered

experts

Parental to

please mother or

grandmother

10 1 1 7

Unclear 3 1 0 1

Professional

related

(contamination/

misdiagnosis)

4 0 0 2

Child related 4 2 2 0

Total 21 4 3 10

Judicial findings in the sample:7 cases where there were positive finds of

risk

4 of these where there was a sustained focus on the entirety of evidence about the child

Judgical process Dealing with conflicting evidence

Piecing together /filling in the blanks

Creating a narrative

What were the characteristics of the four?4 professionals from outside the court system

provided key evidence.

Significant evidence to confirm a positive risk finding eg father presenting poorly in witness box or giving part admission

These cases were characterised by: supporting evidence by professional

Eg Duchamp family

9 day hearingTwo girls 10 & 13 yrs Application for residence by father19-year-old daughter alleged rape by

father 10 yrs previouslyOther evidence about father consistent

with allegations - emotionally abusive & manipulative of the girls.

Duchamp cont.Judicial finding: risk of sexual abuse to the

younger daughters

Role of expert – support the adult daughter’s evidence

Eg 2: CeracchiFather, applied for shared residenceTwo girls 8 & 6 yearsIssues: DV, violence between parents,

father’s lack of control of his angerAbusive interaction between the

grandparents & childrenLack of veracity of the grandparents’

evidenceChildren seen over a number of months by

child protection unit Social Worker

Getting children’s voices heard

Space for hearing the child’s voice- best done in assessments and therapy/counselling over a period of time

Getting children’s voices heard One to one relationship i.e. counsellor/child

Context of the family – some contact with mother

Refusal to be drawn into the polarisaion of family law dispute- gaze on the child

Counsellors who knew their clients well, and independently of their mothers/grandmothers

Children’s comments ‘I just want the fighting to stop’

Behaviours that speak volumes- child exposed to DV: ‘in the school setting his behaviour mirrored the bully tactics employed by his father.’

Mary’s wishes

after Mary had described the sexual abuse he asked her whether if the father promised not do this it would change her feelings, and she said that "she would love him and would like to see him as long as he promised not to do this".

Getting children’s voices heard Unbroken gaze on the child –

Contrasts with a position of polarised position – backing the mother or the father.

Contrasts with understanding the allegations through the lens of family dispute/conflict.

Characteristics of the professionals Professional takes a stance that is ‘open’

and objectiveFindings derived from own assessment Chain of evidence used to substantiate

assessment Over a period of time – not one off

assessment Knowledge of the child high and based on

the development of a child/counsellor relationship

Child’s feelings and thoughts and reactions recorded

Issues Resource driven decisions about assessors

Paradigm driven – parental conflict is the dominant paradigm

Influence of the skeptical position vis-a-vis allegations still influential