“Sex, Lies and Videotapes”: Gathering and Assessing Evidence of Child Abuse in Family Law Cases

Abstract

Determining the veracity of allegations of child abuse raised in post-separation parenting disputes is difficult, because family courts in Australia do not have their own investigatory power or capacity. They rely on evidence brought before them from State/Territory child protection authorities, police, and other experts who may have interviewed and assessed the child/family. This article describes the gap between Commonwealth and State/Territory responsibilities and mechanisms, and data from a recent evaluation of an innovative program designed to bridge this jurisdictional gap: the Family Court of Australia's “Magellan” case-management model. The views of judges and other key stakeholders from the Family Court and intersecting agencies are presented about the evidence that is put forward in family law disputes in which child sexual abuse or serious physical abuse is alleged. It is important to ensure children's best interests are served, even when it is difficult to adduce evidence and distil truth.

Key words:

• child abuse
• family law
• forensic evidence
• physical abuse
• sexual abuse

Additional information

Notes on contributors

Daryl J. Higgins

Significant parts of this manuscript are adapted from the evaluation of Magellan commissioned by the Family Court of Australia, conducted by the Australian Institute of Family Studies. For further information, see the full report: Higgins, D. J. (2007). Cooperation and Coordination: An evaluation of the Family Court of Australia's Magellan case-management model. Canberra: Family Court of Australia. Available at: www.aifs.gov.au/institute/pubs/magellan/index.html