Viw Magazine

The Times


.

  • Written by Zoe Rathus, Senior Lecturer in Law, Griffith University

One Nation leader Pauline Hanson’s unfounded claim women that lie about domestic abuse to deny fathers access to their children is what’s driving the latest parliamentary inquiry into the family law system.

But this isn’t a new idea. Hanson’s claim stems from a history of discrediting women in the family court, with gendered expressions “parental alienation” and “parental alienation syndrome” emerging in the 1980s. They’re expressions you can expect to hear as the inquiry unfolds across the country over the next year.


Read more: We don't need another inquiry into family law – we need action


Parental alienation is hard to define because of its contested nature. But it is generally understood as the actions of one parent to prevent a child from having an ongoing relationship with the other parent.

Of course, there are cases where parents engage in despicable and irrational conduct towards each other after separation – and involve their children. Both mothers and fathers are capable of this.

But many parents accused of alienation are mothers alleging family violence or child sexual abuse.

And the consequences can be serious and detrimental to children if the court requires them to visit or live with an abusive parent.

While the theory of parental alienation syndrome was exposed as junk science, parental alienation is wielded by fathers’ rights groups and continues to have credibility in the family law system.

Parental alienation in Australian courts

Recent Australian research into family law cases shows parental alienation continues to be raised by fathers as a “defence” to child sexual abuse allegations.

When parental alienation is raised, mothers can experience intimidation from many angles – fathers, family report writers, judges and lawyers – all painting them as “hysterical, vindictive and manipulative women”.

This research is reflected in harrowing stories such as those Jess Hill and other journalists have gathered from women and children caught up in alienation claims in our family courts.

These problems still occur in Australia partly because the legislation regulating family law in Australia promotes a philosophy of “sharing children” after parents separate, in terms of decision-making and time.

While the term “parental alienation” is not in the family law act, a mother who is reluctant to send her children to their father may be perceived as obstructive in the face of this “sharing children” aspect of the law.

It’s a short distance from being seen as obstructive to being labelled alienating.


Read more: Forceful and dominant: men with sexist ideas of masculinity are more likely to abuse women


When an alienation accusation finds support from an expert witness or a judge, the children may be sent to live with the father and the mother’s access may be severely reduced or totally denied.

Although such an outcome does not always follow, orders transferring the residence of children to an allegedly abusive father are sometimes made, often against the strong and clear views of the children.

A debunked, outdated theory

The term parental alienation syndrome first appeared in Australia in 1989 in a widely read family law journal. The author, Kenneth Byrne, reported on this new concept called “parental alienation syndrome”, which had been coined by USA child psychiatrist Dr Richard Gardner a few years earlier.

Unfortunately, and incorrectly, Byrne informed his readers that although “some” claims of child abuse

are legitimate; many more are manifestations of [parental alienation syndrome] embedded in charges of abuse.

In 1995, the term parental alienation syndrome first appeared in a published case from the Australian Family Court.

It’s no coincidence this was when the first set of legislation amendments aimed at shared parenting were under consideration. Mothers who did not willingly send their children to their fathers came under scrutiny for their “hostile” attitude.


Read more: When mothers are killed by their partners, children often become ‘forgotten’ victims. It’s time they were given a voice


Research after those mid-1990s amendments found women were often disbelieved in their claims of family violence and child sexual abuse and such claims were often responded to with allegations of alienation.

Mothers even reported that their lawyers advised them not to raise violence for fear of being accused of being an alienator and potentially losing their children.

But research suggests deliberately false allegations are rare and Gardner’s clinical theory has since been debunked.

Despite this, parental alienation and parental alienation syndrome continue to be alleged in parenting cases. And research continues to be conducted both by scholars who see parental alienation as valid concept and by those, such as myself, who are concerned that the term is easily misused and is dangerous.

Unsafe arrangements for children

American researchers recently conducted a large study of cases involving parental alienation and abuse allegations.

They found where the father claimed parental alienation, courts were more than twice as likely to disbelieve any claims of abuse by mothers, and almost four times more likely to disbelieve allegations of child sexual abuse.


Read more: The family court does need reform, but not the way Pauline Hanson thinks


In Australia, the most recent inquiries about the family law system recommend repealing some of the sections of the Family Law Act that strongly promote shared parenting because of concerns that they sometimes silenced violence and created unsafe arrangements for children. But none of the recommendations from the recent inquiries have yet been implemented.

The new inquiry is an unsubtle attempt to push these concerns away – until the next child is abused or dies while visiting a parent against their wishes – and a new inquiry is called into how to deal better with family violence in family law.

Zoe Rathus is affiliated informally with other scholars and practitioners researching the issue of the use of parental alienation in a range of countries. She has a forthcoming article in a Special Edition of the Journal of Social Welfare and Family Law on parental alienation.

Authors: Zoe Rathus, Senior Lecturer in Law, Griffith University

Read more http://theconversation.com/parental-alienation-the-debunked-theory-that-women-lie-about-violence-is-still-used-in-court-125823

Why Choosing The Right Dental Clinic Bundoora Supports Better Oral Health

Maintaining strong oral health requires regular care, preventive treatment, and professional support from experienced dental professionals...

The SNUGGLES Cove: Premium 2-in-1 Hooded Pet Beds for Ultimate Comfort

Finding the right pet bedding can make a real difference to your pet’s comfort and daily routine. Some pets enjoy stretching out in the op...

Why a Coworking Space in Businesses Use Is Shaping the Future of Work in Glen Iris

A modern coworking space Glen Iris provides professionals with a flexible and efficient alternative to traditional office environments. As b...

Outdoor Wall Lights: Enhancing Safety, Style, And Functionality Around Your Property

Exterior lighting plays a crucial role in improving the appearance, safety, and usability of residential and commercial properties. Well-p...

Why Root Canal Treatment Melbourne Helps Save Natural Teeth

Severe tooth pain and dental infections can affect daily life, making it difficult to eat, sleep, or focus comfortably. Professional root ca...

How Mole Mapping Helps Track Skin Changes Over Time

Keeping track of skin changes from year to year can be a useful part of monitoring your skin health. The challenge is that small changes h...

Helping Children Build Emotional Confidence in Their Early Years

Navigating the early years of a child's development requires a gentle balance between encouraging their natural independence and providing...

The Shift Toward Proactive Vehicle Preservation

The philosophy of automotive care has transitioned rapidly from reactive maintenance to advanced, preventative preservation strategies. Hi...

Why More Australians Are Choosing SMSF For Retirement Planning

Retirement planning has become one of the most important financial priorities for Australians seeking long-term security and financial ind...

Articulated Forklift Advantages For Flexible And Efficient Material Handling

Warehouses, distribution centres, and industrial facilities are constantly looking for ways to improve storage capacity and operational ef...

Why Hiring A Shopify Web Developer Can Improve Your Online Store

Creating a successful online store requires more than attractive product pages and payment options. A professional Shopify web developer ...

Medical Employment Agencies And Their Role In Healthcare Workforce Solutions

The healthcare industry relies on skilled professionals to deliver essential services across hospitals, clinics, aged care facilities, com...

How Retailers Can Maintain Omnichannel Customer Support During EOFY Sales

End of Financial Year (EOFY) sales campaigns present significant growth opportunities for Australian retailers, but they also bring operatio...

How to Plan Aged Care Support for a Loved One Living with Dementia: A Step-by-Step Guide

When a loved one is diagnosed with dementia, one of the most difficult aspects for families is not just the emotional impact but the pract...

How Melbourne Households Can Earn Cash from Everyday Metal Waste Around the Home

Most Melbourne households are sitting on a small but steady source of cash without even realising it. Old appliances piled in the garage, ...

Why Speaking to a Colour Consultant Before Repainting Could Save Homeowners Time and Money

Before choosing an interior colour scheme for a home, experts caution homeowners to consider their choice carefully, as paint colour can h...

The Best Caravan Features for Travelling with Kids

Family travel changes significantly once children are part of the equation, and the features that matter most in a caravan change accordin...

Timber battens for walls and ceilings: Design applications, species selection, and installation

Few architectural elements have made as significant a comeback in contemporary Australian design as the timber batten. From feature walls ...

Why Hurstville Tutoring Can Support Stronger Academic Performance

Education continues becoming more demanding as students manage complex curriculums, assessment pressure, and growing academic competition...

Why Quality Hotel Trolleys Matter for Guest Experience and Staff Efficiency

In the hospitality industry, first impressions matter. From the moment guests arrive, every interaction shapes their perception of a hotel...

Wireless network router PCB

A wireless network router PCB is the main circuit board that you find inside a router. It helps send and receive data without the use of a...

Why Waste Management Solutions Are Essential For Modern Businesses

Effective waste handling has become an important part of maintaining clean, efficient, and environmentally responsible operations across m...

When You Need a Commercial Property Valuation in Australia

Commercial property can involve high stakes decisions where “ballpark” estimates are not enough. A formal valuation provides an indepe...

How Compounded Medicines Can Help With Dosage Needs

Correct dosage is one of the most important parts of any treatment plan. Even when the active ingredient is appropriate, the available str...

hacklink hack forum hacklink film izle hacklink slot gacorสล็อตเว็บตรงVenüsbetonline casinos australiapornoonline casino australialibrary zroyal reels casinoDeneme bonusu veren siteler 2026Deneme bonusu veren siteler 2026vaycasinocasibomjojobet girişhttps://hdpopcornz.com/aresbetroyalbethttps://toomanyblogs.co.uk/cratosroyalbetgrandpashabetgrandpashabet twiter xgrandpashabet twiter xStreameastbetgarantiThe Pokies Netbetasus girişjojobetcasibomholiganbetjojobetdizipalgrandpashabetGrandpashabet Girişcasibomjojobetmeritkingholiganbetholiganbetvaycasinojojobet