Showing posts with label Australia. Show all posts
Showing posts with label Australia. Show all posts

Monday, July 11, 2016

Custodial dad, step accused of sexually abusing, torturing two kids over two years; who gave this man custody? (Australia)

Typical Clueless Daddy defense. He was the victim of the step!


BS. Was she holding a gun to his head or something? Beating him up? Ridiculous.


More importantly, who gave this vicious abusive rapist father custody, and left the mother with periodic "access visits"?


UNNAMED DAD


http://www.adelaidenow.com.au/news/south-australia/father-and-stepmother-of-boy-and-girl-stand-trial-accused-of-whipping-caging-tormenting-and-sexually-abusing-children-for-two-years/news-story/2bef266de29596e21e8c67a45e168c5a


Father and stepmother of boy and girl stand trial accused of whipping, caging, tormenting and sexual abuse for two years


Chief Court Reporter Sean Fewster, The Advertiser July 6, 2016 7:56am


TWO children were tied to trees, locked in cages, had their fingers slammed in car doors and whipped by a father and stepmother who recorded their suffering, a court has heard.


A District Court jury has been told the girl, now 9, and her brother, now 7, were also sexually abused by their father during years of torment on a remote regional property.


Amelia Cairney, prosecuting, told jurors they would see photographs taken, and recordings made, by the father and stepmother of the abuse they inflicted upon the children.


“The prosecution case is that, while living with the accused, the young lives of this girl and boy were tormented with regular, and often prolonged, acts of violence and neglect,” she said. “This ongoing abuse, along with sexual abuse, resulted in an environment of fear and degradation on the part of the children.”


The father and stepmother, who cannot be named, have pleaded not guilty to multiple counts of assault and false imprisonment.


The father has also denied sexually assaulting both children on multiple occasions.


Opening the trial, Ms Cairney said the children lived with their father and his partner on a rural property between 2011 and 2013.


She said that, when the children were not on access visits with their biological mother, the children suffered due to the stepmother’s “bad influence” on their father.


“The girl said the stepmother would get angry and say ‘do something to the girl’ or ‘do something to the boy’,” she said. “When the father slammed their fingers in the car door, the stepmother told him to do this ... after, the children were told to walk home.”


Ms Cairney said the girl would give evidence of nights spent locked in a birdcage and in the garage, and of being tied up and gagged while her father took photographs.


“(One day) the father said ‘you are going in the tree’ ... she said ‘no, please’ (but) he walked her to the tree, lifted her up and tied her to the tree by the neck with a rope,” she said. “She was not able to touch the ground and her hands and feet were tied as well ... he came back an hour later and said ‘have you learned your lesson?’.”


She said the boy would give evidence of being struck with a wooden bed slat, his father’s belt and being hit five times with a stock whip, leaving visible scars on his body.


“You will hear an audio recording, made by the father, of him tormenting and physically assaulting the boy,” she said. “A female voice can be heard in the background — the prosecution says that is the stepmother.”


The trial, before Judge Sophie David and a 14-member jury, is expected to run for three weeks.

Friday, May 27, 2016

Dad tortures, murder 13-month-old son during first custody visit (Brisbane, Australia)

UNNAMED DAD.

http://www.couriermail.com.au/news/queensland/man-sentenced-for-manslaughter-following-horrific-torture-and-killing-of-toddler/news-story/bf9ee4e0c908e666fdd21320f50103e4

Man sentenced for manslaughter following ‘horrific’ torture and killing of toddler

May 26, 2016 12:11am 
Vanda Carson
The Courier-Mail

A BRISBANE father-of-two has been sentenced to up to eight years behind bars for the brutal and “horrific” torture and killing of his vulnerable 13-month-old son.

The 29-year-old storeman appeared in the Supreme Court this morning before Justice Roslyn Atkinson.

He had earlier pleaded guilty to torture and manslaughter charges, but only after he initially lied to police, claiming the boy had slipped in the bath.

Crown Prosecutor Danny Boyle told the court the man had deliberately burned his son’s left foot on the kitchen stove after he “threw” the boy across the lounge-room into a wall, causing head injuries he would later die from.

The man tortured the child at Beenleigh between 12.43am and 8.20pm on December 28, 2012, when he had temporary custody of the child for two days.

A doctor told the court that the child would have suffered “severe physical pain and suffering”.

A paediatrician said “a lot of force” was required to cause the head injury.

The man also attempted to get his girlfriend to lie on his behalf and hide his crimes, asking her to tell police the child was “dopey and kept falling over all the time” and the child had “walked over the stove” after sitting on the kitchen bench.

He told his girlfriend in a recorded phone call: “I’ve got no remorse for nobody’s passing. I just got no feeling”.

Mr Boyle told the court that what “sets this case apart” from other parents who had killed their children was that this man continued to physically abuse his son “not withstanding” repeated protestations by his girlfriend and others, telling him to stop and go to hospital.

Mr Boyle said the man also failed to take his son to hospital even when his girlfriend’s sister commented the tot “did not look right”.

After he threw his son violently against the lounge room wall, and when the child was suffering swelling of the brain, he burned the child’s foot on the stove while his girlfriend was out getting dinner at McDonalds.

“(This) can only be described as a callous and deliberately cruel act toward the child, given the child had already suffered the injury which led to the child’s death,” Mr Boyle said.

The man threatened to kick his girlfriend in the face after she tried to shield the child, begging him to return the baby to his mother.

She told police the baby “looked miserable and not right” before she left the home to go to McDonald’s.

She later called an ambulance and the baby died in hospital on December 30 after his life support was switched off. An autopsy showed he was bruised from head to toe.

The man killed his son during his only ever custody visit.

The mother allowed the boy to stay with his father in the hope they would “bond” and build a trusting relationship.

The man contacted the mother via Facebook when the baby was one year old, asking to see photos of his son.

During the two days the boy was in his father’s care, the child’s mother repeatedly called the man on his phone and sent him texts, demanding he return child.

The man replied “No he’s alright”. He refused to tell the mother where he was staying and on one occasion told her “I’m the biological father you can’t do anything”.

The mother also contacted the police, asking them to check on her baby son.

She told the court that no jail term could take away the distress she feels when she thinks of the pain suffered by her “precious innocent boy” in his final moments.

The man has been in prison on remand.

A psychological report tendered to the court states the man has a “high risk” of killing again.

Sunday, April 17, 2016

Family Court gives abusive, deadbeat dad sole custody (Australia)

Parental "alienation" is just gaslighting bullsh**. Notice Mom was accused of it by a guy who beat her up. Meanwhile, it's DAD who has deprived her of contact for two years.

http://www.smh.com.au/nsw/family-court-ruling-violent-father-given-sole-custody-of-child-20160405-gnz3pr.html

Family Court ruling: violent father given sole custody of child

April 17, 2016 - 12:29PM

Rachel Olding

A violent man was granted sole custody of his son because he was deemed to be more capable than the boy's mother, who was rebuked for allegedly trying to turn the child against his father.

Among the reasons the Family Court gave for choosing the father to be sole carer is because he was unemployed and, therefore, could "devote all his time to the care of the child", compared with the mother, who worked part-time.

In an extremely unusual case, Judge Stewart Austin found the parents were so toxic towards each other that it was in the child's best interests to eliminate one from his life entirely.

Judge Austin chose in favour of the father, despite the man having numerous domestic violence convictions, and said the mother's relationship with the boy, who was 10 at the time of the judgment, could be "revived" later in life.

Critics of the Family Court say the 2014 judgment, which is about to be challenged in court, is part of a disturbing trend whereby the court sees a parent who is supposedly alienating the other parent as worse than an abusive parent.

The parents, given the pseudonyms Mr and Ms Perri, have been in and out of the Family Court since their relationship ended in 2009.

Each blames the other for the boy's distress.

"[The child] feels he has to choose between his parents and this pressure is psychologically distressing," a family consultant said in a report relied upon in Judge Austin's judgment. "The conflict of loyalty he feels is so strong he emotionally decompensates​ and his behaviour deteriorates."

In 2011, at a time Mr Perri was on an apprehended violence order and a good behaviour bond for domestic violence offences, the court ordered the boy live with his father and have supervised visits with his mother.

The boy's behaviour deteriorated to the point where he was severely disturbed and was self-harming, running away from school and hurting other children.

In the most recent judgment, Judge Austin decided to cut all the boy's contact with his mother, including letters and phone calls.

He found that the boy's deterioration was due to the looming court case, rather than the father's deficiency, and it would be exacerbated by disrupting his living situation.

He said Ms Perri's capacity to care for the child was inferior, partly because she worked part-time and did not have a detailed plan for improving the boy's life.

She was also reluctant to believe her son's claim that his older half-sibling had sexually assaulted him, despite the police believing it was probably true.

She removed the half-sibling from their home, but believed the assault could not have happened because the boy was away at the time of the alleged incident.

Judge Austin said violence at the hands of the father, which stopped when the parents separated, was "in the past" and, therefore, was not a "pre-eminent issue".

Speaking to Fairfax Media, the mother said she felt like she had been told to simply "get over it".

"It was like the violence just wasn't relevant," Ms Perri, who has not seen her son in two years, said. "I had to be cross-examined by my ex-husband [because he couldn't afford legal representation] and it terrified me. I couldn't look at him."

She plans to return to court, alleging Mr Perri has contravened one of the orders by not keeping her informed of his current phone number.

The chief executive of the Victims of Crime Assistance League, Robyn Cotterell-Jones, said the Family Court was so out of touch with the effects of domestic violence that a royal commission was needed.

"It makes a farce out of all things supportive if the Family Court sides with the perpetrator and awards the children one tried to protect to the perpetrator," she said. "When a woman leaves a man because his behaviour ... is unacceptable or criminal, they think they are doing what's right and almost always have naive assumptions that society will support them to be safe."

Monday, April 4, 2016

Dad who assaulted mom, held knife to daughter's chest AWARDED CHILD ACCESS after getting out of prison (Australia)

Sickening, but all too common. Dad is identified only by his last name, a pseudonym.

http://www.smh.com.au/nsw/family-court-judgement-father-who-bashed-partner-and-threatened-child-granted-access-20160401-gnw5ne.html

Family Court judgement: Father who bashed partner and threatened child granted access

Date April 3, 2016

Rachel Olding Reporter

A man who bashed his partner and held a samurai sword to his daughter's chest has been granted access to the nine-year-old following his release from jail.

The long-running dispute in the Family Court has incensed anti-violence advocates, who say the court still has a poor understanding of domestic violence and is too often granting access when there has been a history of violence.

It comes amid calls to nationalise the recommendations from Victoria's landmark Royal Commission into Family Violence report released during the week.

It recommended an overhaul of the entire court system, including the creation of specialist family violence courts.

A photograph showing the injuries inflicted upon a domestic abuse survivor who was later told that the man who bashed her should be allowed to visit their daughter.

Given the pseudonyms Ms Tindall and Mr Saldo, the couple from Sydney have been bitterly fighting over parenting orders since their relationship ended in 2008.

The court had ordered weekly paternal visits but, in August 2010, Ms Tindall suddenly stopped dropping the child at meetings because she had given evidence against Mr Saldo in his criminal trial for bashing her, tying her to a chair and holding a sword at the child in their Sydney home in 2007.

Graphic photographs tendered in the District Court showed bruising sustained by Ms Tindall, 34, when her then partner repeatedly punched her because he believed she had tried to cheat on him.

He pleaded guilty during the trial and was sentenced to at least two-and-a-half years prison.

Ms Tindall was convicted in 2013 of 20 breaches of the parenting orders because Justice Stewart Austin believed the criminal trial didn't constitute "a change in the family dynamic" that would warrant her halting weekly visits.

"The father's decision to publicly admit his past violent behaviour changed nothing about the history of the parties' relationship," he said, in a judgement that was later overturned by the Full Court.

After being released on parole in 2014, Mr Saldo, 38, applied to have his regular visits reinstated.

He expressed no remorse, saying he was pressured into pleading guilty and didn't commit the offences.

The child was interviewed by a family consultant and asked what she wanted to happen, to which she said she knew her father had hurt her mother but "I would be upset if I didn't get to see him".

Accordingly, Justice Margaret Cleary ordered in January that monthly visits at a supervised centre start, building up to fortnightly visits.

She praised the father for his "positive conduct... stability and lawfulness" in prison and noted that he intended to apply to have his conviction acquitted.

He has not filed an appeal more than two years later.

She admonished Ms Tindall for "avoiding time between the child and the father for her own reasons, which do not relate entirely to the child".

"The child is entitled to come to her own judgement about the father," she said.

Judgements issued throughout the eight-year dispute show the court's tendency to side with Mr Saldo.

Initially, child psychologist Dr R said he thought the mother was was making up the allegations, evidenced in her "disproportionate distress" and calculated manner.

An academic expert gave evidence that the mother, like many domestic violence victims, may have been acting in ways that seem irrational to reasonable people because of the abuse suffered.

When Mr Saldo pleaded guilty, Dr R issued a mea culpa, saying he had never been more wrong in his 20 years of report writing.

Former Australian of the Year and domestic violence survivor Rosie Batty, whose son was murdered by his father during a contact visit, told Fairfax Media she intends to turn her focus to the Family Court this year.

During a Senate inquiry last year, she singled it out as her "biggest area of concern", saying violent parents were too often being granted access to kids.

"There is a total disregard or a total ignorance of family violence being an issue," she told the inquiry. "You're viewed in court as likely to be lying to manipulate the system."

In a feature on the Family Court published in the Monthly in November, reporter Jess Hill found that judges were often deciding that access to an abusive parent was better than no access at all and that a parent supposedly 'alienating' a child from an abusive parent was possibly a greater threat.

Tuesday, December 1, 2015

Unemployed dad with "five pages of criminal history" including domestic violence STILL gets weekend visitation despite choking mom (Ipswich, Australia)

Either these magistrates are idiots or they think the general public is too stupid to read.

Hurray! The magistrates paid attention is class and did their homework. They now know that choking the victim is often a future indicator of lethal violence. True enough.

And then what did they do? They sentenced Daddy to four months of jail and RELEASED HIM ON PAROLE. And he still has what appears to be weekend visitation with the kids.

So of course he can still punish Mom by taking out his resentment on the kids.

Mom is still in danger for herself, as she has to "interact" with this POS so he can endanger her kids.

This is the triumph of fathers rights, folks. Obviously there was virtually no point in Mom even prosecuting the choking incident as nothing has changed, except that the abuser is even angrier than ever.

Great job, Australia!

http://www.qt.com.au/news/father-of-two-punched-partner-in-the-face-then-cho/2857526/

Father of two punched partner in the face, then choked her

Chris Owen | 1st Dec 2015 5:00 AM Updated: 5:00 PM

A MOTHER of two was punched in the face and choked by her partner, when an argument between the couple turned violent.

At Ipswich Magistrates Court yesterday, the victim's partner, who cannot be named for legal reasons, pleaded guilty to breaching a domestic violence order.

After the argument broke out, the 35-year-old man grabbed the woman by the arm and punched her in the chin.

He then placed his hand around the woman's neck in what Magistrate Deborah Vasta described as a "choking motion". The offence took place in North Booval on September 18.

"The choking is a concern in terms of the level of violence you used," Ms Vasta told the man. "At a recent magistrate's conference, we learned that people involved in domestic violence, who move onto the choking motion, are about six times more likely to end up killing that partner."

Ms Vasta also noted the unemployed man had five pages of criminal history, which included prior domestic violence breaches against another partner.

Defence lawyer Matthew Fairclough said the man had been in a relationship with the woman for three years, and that the couple had two young children together.

Mr Fairclough said his client had not intended to cause his partner any "serious" injury and that he hoped to repair his relationship with the woman.

 "My client currently doesn't reside with his partner," he said. "He's still been able see his children and spent last weekend with them."

The man was sentenced to four months in jail and released on parole.

His sentence came one day after the State Government announced a proposal to introduce non-fatal strangulation as a criminal offence, in a bid to combat domestic violence.

Premier Annastacia Palaszczuk said the new offence was about holding perpetrators to account for their actions.

"We know strangulation is a pivotal moment that reveals an escalation in the seriousness of the violence committed against a person in the context of domestic and family violence," she said.

"It is proposed that choking, strangling or suffocating a person will be an offence in its own right with a maximum penalty of seven years jail".

The strangulation offence was a recommendation of the special taskforce on domestic violence, headed by former governor-general Dame Quentin Bryce. The proposal is expected to be introduced to parliament this week and could come into force as early as February.

Wednesday, November 25, 2015

Violent dad murders 4-week-old son during unsupervised visitation (Australia)

UNNAMED DAD in this article, but we've posted on this case before.

http://www.msn.com/en-au/news/australia/alarm-bells-before-infant-fatally-bashed/ar-BBnpAsN

Alarm bells before infant fatally bashed

The father was 15 when he attacked his four-week-old son.

A parliamentary committee has questioned why a teenage father who had a convictions for violent offences was allowed unsupervised access to his premature infant son, who he fatally bashed.

The father was aged 15 and a ward of the state himself when he attacked his four-week-old son while visiting him at Bunbury Regional Hospital in February last year.

He was in March this year sentenced to 10 years in detention after pleading guilty to manslaughter.

Department for Child Protection and Family Support director-general Emma White was asked at a hearing on Wednesday about "alarm bells" involving the teenager, including his substance abuse and criminal convictions involving violence.

"There was no evidence that he'd harmed a child," she said. "We had nothing to suggest those vulnerabilities would result in the tragic situation."

Thursday, November 12, 2015

Suffer the children: Trouble in the Family Court (Australia)

This is just a portion of a much longer article appearing in The Monthly, an Autralian publication. Highly recommended.

https://www.themonthly.com.au/issue/2015/november/1446296400/jess-hill/suffer-children

Suffer the children
Trouble in the Family Court

By Jess Hill
November 2015

When Erin saw the police lights flashing, she knew it was over. She steered the car to the side of the road, and turned to her two children. “OK guys, this is it,” she said. “We’ve done our best.”

Her teenaged daughter started to panic. “Fuck! Oh my god!” she cried. “I can’t do this. You can’t leave us!” She grabbed for the bottle of Panadol in the centre console, insisting she wanted to die. “No!” Erin said firmly. “Settle, just settle.”

As the police officer approached with a warrant, Erin got out of her car. She asked for time to talk to her two children, and promised she’d follow him to the station. Back in the car, Erin tried to remain calm. “I am so sorry I have put you through all of this. This is not the life I wanted for you. Always remember how much I love you.”

“What’s going to happen to us?” her 10-year-old son cried. “I don’t know,” Erin replied. “You just need to tell the truth.”

By the time the police caught up with them, Erin had been on the run with her children for nine months. She was now confronting a reality she’d been avoiding for years.

Since their children were born, and ever since he’d first held a knife to her throat, Erin had tried to manage her husband’s abuse. In 2012, however, a warning from her GP had broken through her denial. In front of their screaming kids, John had throttled Erin until her eyes rolled back in her head. “If you don’t leave,” her GP warned, “you’re as bad as he is.”

Erin did leave, and took the children to live with her parents interstate. Soon after, the Family Court granted John regular access to his kids. For the next year, Erin weighed her responsibility to her children, who were terrified of their father, against the risks of disobeying Family Court orders. There was a further complication: Erin had consented to the orders granting John fortnightly access – under pressure from her lawyer, she says, who advised that if she didn’t compromise, John could end up with sole custody.

Wednesday, October 7, 2015

Dad charged with murdering 3-month-old daughter (Heathcote, Australia)

Dad is identified as JOBY ANTHONY ROWE.

http://www.news.com.au/national/victoria/father-charged-with-murdering-three-month-old-baby-girl-in-heathcote/story-fnii5sms-1227537343106

Father charged with murdering three-month-old baby girl in Heathcote
September 21, 20157:46pm

A man has been charged over the death of a baby in Heathcote last month.

THE father of a three-month-old baby girl has been charged with her murder.

Heathcote man Joby Anthony Rowe, 23, was behind bars Monday night after facing an out-of-sessions court hearing in Bendigo over the murder of daughter Alannah after being the subject of a homicide investigation for almost a month.

Baby Alannah, who was born premature, was rushed to hospital on August 29 after a call to triple-0. Alannah died the following day at the Royal Children’s Hospital.

It was reported at the time Mr Rowe had told friends Alannah had started coughing “hard’’ as he fed her a bottle just after she had woken.

It’s understood the baby’s mother, Stephanie Knibbs, heard the commotion and came running to help and they laid Alannah on the ground and tried to clear her airways.

The results of a post-­mortem is believed to have directed the investigation into the little girl’s suspicious death.

Ms Knibbs spoke to police about the events leading up to the triple-0 call and police also appealed for other people with information to come forward.

Mr Rowe, who was questioned and released by police last month, is set to appear at Bendigo Magistrates’ Court Tuesday morning.

It came as police revealed no charges would be laid over the death of another baby at Hamilton on July 13.

Emergency services had been called to a house in Strachan St after receiving a report of a seriously ill child.

The 11-month-old boy was taken to Hamilton Hospital where he later died.

Investigators said they had spoken to a number of people in relation to the death and a post-mortem was conducted.

The death will now be the subject of a Coronial investigation.

4-year-old boy ordered to visit drug-addicted father who previously threatened boy's mother with shotgun (Australia)

The brutal triumph of the fathers rights movement--and the death of decency and common sense.

Gosh, what could possibly go wrong here?

Dad is identified as "Mr Tierney."

http://www.theaustralian.com.au/business/legal-affairs/boy-4-ordered-to-visit-ice-dad/story-e6frg97x-1227551336821

Boy, 4, ordered to visit ice dad

The Australian
October 01, 2015 12:00AM
Nicola Berkovic
Legal affairs correspondent

A four-year-old boy has been ­ordered by a judge to spend at least two hours a fortnight with his father despite evidence the ­father had been using the drug ice and served jail time for allegedly threatening the mother with a shotgun.

The father had also previously threatened to slit his own throat with a knife and had taken the boy without consent at least twice and spirited him interstate.

Federal Circuit Court judge Warwick Neville made ­orders in Canberra for the boy to spend “no less than two hours per fortnight” with the father at a contact centre.

The father, known as “Mr Tierney”, had been fighting the mother to spend regular, substantial time with his son and had ­denied using ice.

But his drug screen showed he had been using methylamphetamine and the prescription painkiller Endone, also dubbed “hillbilly heroin”.

He also denied previously threatening the ­mother with a shotgun and ­instead said that he had been threatening to shoot himself.

Mr Tierney urged the court to allow him to care for his son every second weekend and every Tuesday after school.

But the mother, who was ­legally represented, said the boy should live with her and spend two hours a fortnight with the ­father while supervised at a contact centre.

Judge Neville said the father’s previous threats of violent self-harm and positive drug test “alone warranted” that his time with the child “should be supervised”.

He made interim orders for fortnightly supervised contact until a report from a court- ­appointed psychiatrist could be prepared.

It is not clear whether the mother of the four-year-old boy felt uneasy about her son spending time with his father.

However, Bravehearts founder Hetty Johnston said she came across many cases in which ­mothers felt pressured to agree to court orders they did not feel were in their children’s best interests to avoid being seen as trying to alienate the other parent.

“No court should ever allow a parent to make that decision” and lawyers should fight harder to ­ensure they did not do so, she said. “We see it all the time and we hear it all the time and it’s heartbreaking,” she said.

“These are parents who want to protect their children from clearly dangerous partners, who are being advised by their own legal representation, because of the way the system currently works, to make decisions that are not in the best interests of their own children.”

She questioned how super- ­visors at a children’s contact ­centre could guarantee the safety of the boy if the father arrived under the influence of ice or armed with a weapon.

The West Australian mother of “Abbey” — a 17-year-old girl who committed suicide after being forced to spend time with her pedophile father — told The Australian yesterday that she had felt pressured to consent to family law orders for her daughter to have contact with her ex- husband even though her “gut said no”.

“You are thrown into this system where you have to consent,” she said. “My gut said no ... but there is pressure from all around you. It’s the best-case scenario in a no-win situation.”

Dad charged with manslaughter in death of 7-month-old daughter (Perth, Australia)

Dad is identified as PAUL COSGROVE.

http://www.abc.net.au/news/2015-09-30/perth-father-paul-james-cosgrove-faces-manslaughter-charge/6816798

Perth father Paul James Cosgrove charged with manslaughter over death of baby daughter
By Joanna Menagh

Posted 30 Sep 2015, 12:11am

Paul Cosgrove has been charged with assaulting his 7-month-old daughter

The charge against a Perth man accused of fatally assaulting his baby daughter has been upgraded to manslaughter.

Paul James Cosgrove was originally charged with causing grievous bodily harm to his seven-month-old daughter Lillian at their Ellenbrook home earlier this month.

The child was found unconscious and taken to Swan District Hospital before being transferred to Princess Margaret Hospital.

She died two days later.

Cosgrove appeared in Perth Magistrates Court where the charge was upgraded to manslaughter.

He was not required to plead and made no application for bail.

Cosgrove is due back in court next month.

Friday, September 25, 2015

Dad convicted of sexual torture, rape of sons; gets reduced sentenced as justices feared "crushing" him (Brisbane, Australia)

Golly, we wouldn't want to "crush" this poor dear with a longer prison sentence, would we?

Talk about misplaced sympathies...

UNNAMED DAD

http://www.couriermail.com.au/news/grotesque-father-jailed-for-raping-sexually-torturing-his-sons-as-children-and-adults/story-fnihsrk2-1227541735717

‘Grotesque’ father jailed for raping, sexually torturing his sons as children and adults September 23, 2015 9:05pm
Sean Fewster The Advertiser

A MAN who forced his wife and sons to live a “grotesque” transient lifestyle so he could sexually torture them without fear of exposure deserves 43 years in jail, a court says.

In a judgment published online, the Court of Criminal Appeal overturned a minimum eight-year jail term imposed, by the District Court, upon the man for his crimes.

Justices Tom Gray, John Sulan and David Lovell unanimously agreed the man deserved to serve 43 years, but reduced that term to 20 years so as not to “crush” him.

They noted that, even with the reduction, their decision makes it possible the man, 67, will die in jail.

“He deliberately subjected his family to a nomadic existence (and) purposely isolated them so his acts of physical and sexual abuse could be committed without fear of exposure,” they said.

“The offending involved repeated sexual abuse when (his son) was a child ... he was then subject to rape on two occasions when an adult ... (the man) acted to reassert his dominance.

“In our view, the penalty imposed ... inadequate, and manifestly so, considering the grotesque circumstances of this case.”

The man, whose identity is suppressed, was convicted of the persistent sexual exploitation of his two sons, as well as raping each of them after they became adults.

When he appealed against his conviction and sentence, the Office of the Director of Public Prosecutions argued his penalty was too lenient and should be increased.

In their judgment, Justices Gray, Sulan and Lovell rejected the man’s appeal, saying his offending occurred against “a backdrop” of “subjugation and control”.

They said the man’s offending began in the 1970s, when he constantly moved his family between states to prevent them forming social ties or obtaining proper educations.

He would force his sons to dress in their mother’s clothing before sexually assaulting them, sometimes tying them up or using objects to abuse them.

“He abused his family physically, sexually, emotionally and financially,” they said. “It was frequent, violent and punitive ... it became more violent when the complainants tried to resist his sexual advances.”

They said the offending continued through to 2006, when the sons were in their early 30s.

Justices Gray, Sulan and Lovell agreed with prosecutors that the original sentencing judge should not have allowed the man to serve some of his jail time concurrently.

They said concurrency should not have been employed when some of the offences were against the sons as children, and others after they were adults.

They said his crimes against one son warranted a 26-year term, with a further 17 years for the offending against his other son.

“If the above sentences were imposed, he would face a total term of imprisonment of 43 years ... such a lengthy term of imprisonment would be crushing,” they said.

“In the circumstances, the principle of totality should be applied to avoid a crushing result.

“We sentence the defendant to one term of 20 years and fix a non-parole period of 12 years.”

Saturday, September 19, 2015

Dad admits killing 9-week-old daughter (Australia)

The more-useless-than-trash father is identified as BRETT ANDREW KITCHIN.

http://www.abc.net.au/news/2015-09-18/father-brett-andrew-kitchen-admits-to-shaking-murder-of-his-baby/6786918

Baby shaking murder: Brett Andrew Kitchin admits to killing nine-week old daughter
By Sallese Gibson
Posted Thu at 11:40pm

A northern Tasmanian man has pleaded guilty to the shaking murder of his nine-week-old daughter. Azzali Dolcie May Thomson died of head injuries in February 2014, consistent with being shaken forcefully.

Her 28-year-old father, Brett Andrew Kitchin, was charged with her murder and ill-treatment.

He had previously pleaded not guilty to the charges, but entered guilty pleas in the Supreme Court in Launceston this morning.

The court heard Kitchin regularly squeezed, shook, poked and pinched his daughter over a six-week period, causing multiple rib fractures and severe bruising.

Police prosecutors told the court Kitchin got into a rage after having difficulty feeding his daughter and applied pressure to her neck, squeezed her chest and shook her forcefully, causing the massive brain injuries that resulted in her death.

Court hears details of crime The court heard Kitchin woke to feed Azzali at 7:00am on February 2, 2014, and became angry when it became difficult.

He shook her forcefully, causing massive brain injuries, fractured shoulders and ribs and bruising to her neck, jaw and face.

He then put her back into the bassinet and went back to bed.

Azzali continued to scream for several hours.

Her mother tried to feed her at 11:00am and noticed she would not open her mouth and had a swollen face.

Azzali was taken to the Launceston General Hospital at 1:20pm, in a semi-conscious state.

Kitchin told doctors he may have bumped Azzali's head when getting her out of the car.

An emergency CT scan found bleeding on her brain and showed a number of historic rib fractures.

She was airlifted to the Royal Hobart Hospital's neo-natal unit. Azzali died on February 6, after her life support was switched off.

The coroner found Azzali died of head injuries consistent with being shaken and that it was not clear which violent incident caused her death, as she had been subject to severe and progressive damage over a period of weeks.

The police prosecutor told the court Azzali was defenceless and that the violence inflicted on her was extreme.

Dad charged with killing 7-month-old daughter; mom speaks out (Perth, Australia)

Dad identified as PAUL COSGROVE.

http://www.watoday.com.au/wa-news/sevenmonthold-lilys-mother-speaks-of-heartbreak-over-daughters-death-20150917-gjpatv.html

Seven-month-old Lily's mother speaks of heartbreak over daughter's death
Date September 18, 2015

Ray Sparvell

The mother of a baby girl, who died from grievous injuries allegedly inflicted by her father, has spoken of her heartbreak.

Emma Jane Cosgrove struggled to speak as she recounted the family tragedy to reporters at the family home on Thursday.

"I put Lily to bed on Sunday night and didn't disturb her before leaving for work on Monday morning," she said.

Ms Cosgrove said she called an ambulance when she returned home Monday night and found Lily unconscious.

Detectives from the Major Crime Squad were later called to Princess Margaret Hospital to investigate the injuries the little girl had sustained.

Seven-month-old Lily died on Wednesday - the same day her 23-year-old father Paul Cosgrove appeared at Perth Magistrates Court charged with aggravated grievous bodily harm.

"No one could save her," Ms Cosgrove said. "She died because she had brain damage.

"I'm in shock really. I still can't believe my baby girl's not here... that this morning I didn't see her face looking at me with a smile first thing in the morning... smiling at me because it was morning and she was just so happy to be alive to see her mummy," she said.

Ms Cosgrove said she saw Lily's smiling face every time she closed her eyes.

"I'm always going to remember that she loved me more than anyone and I loved her more than anyone. We were best mates. I just loved every minute of being her mum."

"That's why she went. She was just too perfect and too happy and too good [for this world]. She just didn't belong here.

"I want everyone to pray that she's okay. That she's happy and not fretting for me and that she and I will be together again when it's my turn and we will never, ever be apart again."

Lily's grandmother Angela Cosgrove said Lily had just learned to wave and kiss people goodbye. She said the family was "devastated" by the loss of "Lilly-Pilly".

"She was the happiest, smiliest baby I've ever met. She charmed everyone."

Mr Cosgrove's charge may be reviewed following a post-mortem examination.

He has been remanded in custody and will next appear at Perth Magistrates Court on September 30.

Thursday, September 17, 2015

Dad charged with assaulting 7-month-old daughter, now dead (Perth, Australia)

I fail to see how PAUL COSGROVE is a "wonderful" father....

http://www.abc.net.au/news/2015-09-16/7-month-old-girl-dies-in-hospital-after-alleged-father-assault/6781308

Baby girl dies in Perth hospital as father appears in court charged with alleged assault
By Laura Gartry Updated Wed at 4:02am

Paul Cosgrove has been charged with assaulting his 7-month-old daughter

A seven-month-old baby girl has died in a Perth hospital after allegedly being assaulted by her father.

Lillian Angelique Cosgrove was taken to Swan District Hospital on Monday before being transferred to Princess Margaret Hospital.

Her father, 23-year-old Paul James Cosgrove, was today remanded in custody after facing court charged with aggravated grievous bodily harm.

The baby girl passed away in hospital later in the day, police said.

Police said the charge against Cosgrove would be reviewed once the results of a post-mortem examination were known.

Earlier, the Perth Magistrates Court heard the alleged assault on Lillian took place on Monday in Ellenbrook.

Mr Cosgrove did not apply for bail, and the case was adjourned for him to seek legal advice.

He was remanded in custody is due to appear again on 30 September.

Cosgrove's mother Delys Werrett was in court to support her son, and described her shock at hearing about her granddaughter.

"Devastating, absolutely devastating," she said.

Ms Werrett described her son as a wonderful father, and said he was not coping well since the arrest.

"Terrible, he wouldn't even look at me," she said.

Monday, September 7, 2015

Dad to be charged in death of 6-year-old daughter (Brisbane, Australia)

Dad is identified as STEPHEN PLAYFORD.

http://www.abc.net.au/news/2015-09-07/man-being-questioned-over-six-year-old-girls-death-qld-police/6754464

Father expected to be charged over six-year-old daughter's death in Brisbane
Updated about 11 hours ago

Stephen Playford was taken into custody on Monday afternoon.

A father is expected to be charged after the death of his six-year-old daughter at their Brisbane home.

The body of the girl was found at 8:00am Monday by her mother in a bedroom she shared with her eight-year-old sister.

Three hours earlier, Stephen Playford had left his Kedron family home in his 4WD Mercedes.

The 52-year-old mining executive was found hours later on the Gold Coast hinterland and taken to hospital for care.

He was taken into custody and is expected to be charged late tonight.

Acting Detective Superintendent Geoff Sheldon said it was not clear how the child died.

He said there had been no history of domestic violence in the family.

As you can imagine, [the mother and the eight-year-old sister] are just beside themselves with grief, as anyone would be in the death of such a beautiful, young six-year-old girl.

Acting Detective Inspector Geoff Sheldon "There's no immediate cause of death," he said. "There's nothing here to indicate any welfare concerns. "We don't even know the cause of death — it could be a horrible medical condition or it could be something else, or anywhere in between, that's why we're trying to get as much information as we can."

He said the family was in shock.

"As you can imagine, [the mother and the eight-year-old sister] are just beside themselves with grief, as anyone would be in the death of such a beautiful, young six-year-old girl," detective Sheldon said.

Police declared a crime scene, with forensics and pathologists called in to help determine how she died.

"There's no immediate cause of death. We're treating the whole death as very very serious as you would any death of such a child at such tender years," detective Sheldon said.

"There's no history of domestic violence or anything like that. They haven't come to the attention of police in any negative way in that regard.

No signs of trouble

Police door-knocked the local area earlier in the day.

Neighbour Katrina Marlow said there were no signs of trouble last night.

"When I came home at midnight — it was lovely, quiet, peaceful, like it is every night," she said.

"At about eight o'clock this morning I heard my neighbour say something happened and I heard police sirens and noise and everything.

"It will hit people, the people who know them better, very, very hard."

Another neighbour said there were no signs of a disturbance this morning.

"This is a really quiet street, nothing happens, didn't see anything — there were no incidents there whatsoever," she said.

Acting Detective Superintendent Sheldon urged anyone who could assist with further information to contact Crime Stoppers on 1800 333 000.

Saturday, August 29, 2015

Dad sets three children on fire (Perth, Australia)

Dad is identified as EDWARD JOHN HERBERT.

http://www.theaustralian.com.au/news/perth-girl-doused-in-petrol-and-set-alight-hours-after-birthday-party/story-e6frg6n6-1227504347743

Perth girl doused in petrol and set alight hours after birthday party
PHIL HICKEY, KATE CAMPBELL AND TREVOR PADDENBURG
PERTHNOW AUGUST 30, 2015 2:00AM

A YOUNG girl who should be celebrating her fourth birthday on Monday is instead fighting for life in hospital after being doused with petrol and set alight.

Hours after an early birthday party, the three-year-old suffered “horrendous” burns to her face and upper body when she was allegedly set alight as she slept in her cot.

Neighbours who came to the aid of the girl and her siblings, who were also doused with petrol, were confronted by the horrific scene just after midnight Saturday on Holbeck Street, Doubleview.

The children’s mother ran from the home screaming, “He’s set the kids on fire”, a shocked resident told PerthNow.

An off-duty policewoman living across the road administered first aid and plunged the three-year-old in her bath to ease the burns.

Another resident confronted a man at the home and used a “chokehold” to restrain him.

Edward John Herbert, 43, believed to be the children’s dad, appeared in Perth Magistrates Court on Saturday afternoon on five charges of aggravated grievous bodily harm, attempted grievous bodily harm, being armed with a filleting knife and dousing a victim in petrol.

The three-year-old girl was in a critical but stable condition at Princess Margaret Hospital late Saturday night, while her six-year-old sister and seven-year-old brother were both stable.

The shirtless and tattooed self-employed tiler, handcuffed and surrounded by four police officers in the dock, told the court he understood some of the charges before lapsing into an unresponsive state.

“He appears to have gone into some sort of state. He’s not responding,” Magistrate Jennifer Hawkins said as Herbert fell silent, bowed his head, closed his eyes and pulled strange faces.

Ms Hawkins said the accused needed to be seen by a mental health nurse and he was remanded in custody to reappear in court on Tuesday.

He then collapsed as he was dragged out of the dock.

Mr Herbert’s Facebook page reveals he loves his bull mastiff-staffordshire terrier dog and is proud of his many tattoos, including a homemade tattoo of a cross on his knuckle.

Mr Herbert collapsed during his court appearance on Saturday afternoon.

He also has his children’s names tattooed on his neck and has posted photos of them draped in the Australian flag.

The former Brisbane man captioned one photo: “My baby boy asleep love him to bits.”

In another post, he described one of his daughters as “my baby girl”.

One Holbeck Street resident said: “The children’s mother screamed, ‘Help, help, he’s set the kids on fire’.

“The two elder children appeared OK, they just smelled of fuel. But the youngest ... she was burnt horrendously. It just frightened the hell out of me.”

Another resident told how he restrained a man at the home until police arrived and took him into custody. “I ran into the house and put him in a chokehold until the cops arrived and soon enough he was out cold in a couple of seconds, ”the resident, who did not want to be named, said. “The house was a complete mess.”

Police were first called at 12.05am to reports of a man creating a disturbance.

At the scene, police officers were told that flammable liquid had been poured inside the house, with three children set on fire.

Neighbours came running to the house in Doubleview after hearing the children’s mum scream for help.

Detectives spent about an hour inside the house Saturday morning and left with a number of items.

A police spokeswoman said the investigation was ongoing and further charges were expected.

Other neighbours living in the street said they also saw a man arguing with a taxi driver on Thursday outside the home.

City of Stirling councillor Stephanie Proud, who lives near Holbeck Street, said she was “horrified that could happen anywhere, much less Doubleview”.

Former chairman of the Scarborough Beach Association and local real estate agent Tom O’Rourke, who also lives nearby, described the attack as “awful”.

“My heart goes out to the family. I’m shocked it can happen in such a quiet suburb. Society is really at the crossroads,” he said.

Monday, August 17, 2015

Officials protected rapist dad (Australia)

Same old sh**....

http://www.news.com.au/national/victoria/child-abuse-royal-commission-officials-protected-rapist-dad/story-fnj4aog3-1227487529083

Child Abuse Royal Commission: Officials ‘protected rapist dad’ 

This story was published: 8 hours ago August 17, 2015 9:18PM

A GIRL raped by her father for 27 years says Victorian officials protected him and held her partially responsible for the abuse, an inquiry has heard.

The girl told social workers she was being raped but the abuse continued and she had four children to her father and suffering two miscarriages, the Royal Commission into Institutional Responses to Child Sexual Abuse has heard.

“She is expected to give evidence that she felt the department protected her father and his feelings, and held her partially responsible for the rapes,” counsel assisting the commission Dr Peggy Dwyer said on Monday.

Dr Dwyer said children were sexually abused by staff members, social workers and other child residents of three Victorian state-run youth centres: Turana, Winlaton and Baltara.

The girl raped by her father, known only as BGD, was 15 when she was placed at Winlaton, where staff members gave her regular contraceptive injections.

Dr Dwyer said Winlaton allowed her to stay with her mother for weekend visits, giving her father access to her.

A social worker and Children’s Court Clinic staff member wrote to the man stating: “None of us want to make you feel bad, but we do want (BGD) to feel better about her relationship with you.”

Dr Dwyer said some survivors frequently ran away from the institutions to escape the abuse.

“Some survivors will say that they disclosed the abuse to the police, but they were not believed and, in some instances, they were physically abused by the police,” Dr Dwyer said.

“Some survivors will say that when they absconded from the institution and were picked up by the police, the police never asked why they were running away, but simply placed them back at the institution.”

Norman Latham, who was made a ward of the state at age 15 in 1962, will tell the public hearing he was sexually abused 19 times by two senior officers at Turana.

Mr Latham ran away to escape the abuse and reported it to police, who took him back to the facility and told one of the officers, Eric Horne, what the youth had said, the commission heard.

“Mr Latham is expected to say that later that night, Mr Horne said to him ‘I told you not to say anything’ and raped him in the infirmary at Turana,” Dr Dwyer said.

Dr Dwyer said most survivors would tell the commission they did not disclose the abuse to anyone at the institutions.

“They are expected to give reasons such as feelings of guilt, punishment, fear of being labelled a ‘lagger’ or ‘dobber’, and a belief that they would be disbelieved,” Dr Dwyer said.

Some survivors who did tell authorities were not believed, were punished or the response did not protect them from the abuser, she said.

Dr Dwyer said children were forced to strip when initially placed at an institution or on their return from weekend leave or absconding, and were forced to undergo intrusive medical exams.

She said witnesses would tell of a lack of supervision by staff members, facilitating abuse by other residents.

What drives a dad to murder his sons? (Australia)

We've reported on killer dad ROBERT FARQUHARSON before.

http://www.news.com.au/lifestyle/real-life/what-drives-a-dad-to-murder-his-sons/story-fnu2q5nu-1227475281984

What drives a dad to murder his sons? 

This story was published: 10 days ago August 08, 2015 12:16PM

NO ONE saw it coming. To friends and family Robert Farquharson was “poor Rob”, a short, chubby, unassuming and not overly bright country bloke who moped around the small Victorian town of Winchelsea after his wife left him.

Farquharson had appeared to be coping with the separation and getting on with his life. Then his car veered off the highway near town into a large dam, 10 years ago this Father’s Day. He escaped unhurt but his sons, Jai, 10, Tyler, 7, and Bailey, 2, drowned.

When it emerged that this was no accident, friends and family were stunned. Even his estranged wife, Cindy Gambino, refused to believe that the seemingly meek and mild Farquharson was capable of murder.

It wasn’t until Farquharson’s second trial, which again found him guilty, that Cindy finally accepted that Farquharson had intentionally killed all of their children. Some Winchelsea locals still believe it was a tragic accident.

We all struggle to understand when someone who appears “normal” commits such a cold-blooded act. Robert Farquharson was the archetypal country bumpkin who worked as a labourer with the local council, volunteered at the local school and enjoyed hanging out with children.

The idea of his leaving his boys to drown was incomprehensible. But when you consider Farquharson’s personality disorder and background, it is not so surprising.

The youngest of four children, Farquharson was small for his age and grew up protected by siblings and his late mother, Faye. Genetic factors also appear to have contributed to his developing an avoidant personality disorder (AvPD).

An AvPD is a pervasive pattern of behaviour characterised by social inhibition and lack of social confidence, feelings of inadequacy and hypersensitivity to negative evaluation.

Farquharson couldn’t cope with adult responsibility. He mocked and antagonised his family, publicly lost his temper when he could not work machinery or tools, and let Cindy do most of the work and make most of the decisions. He used her as a protective shield.

When Cindy asked him to leave, Farquharson moved in with his father, seeking sympathy from many locals and blaming her for the marriage breakdown.

Outwardly he was moving on, but inwardly Farquharson seethed. Due to his AvPD he chose to be dependent on Cindy, but this also made him resentful. When she befriended another man, his rage quietly grew to the point where he plotted one of the world’s worst cases of family violence.

As this terrible tragedy showed, domestic violence is complex and many factors can contribute. Personality disorders often play a significant role and most people don’t realise how dangerous some people with one of these entrenched behaviour patterns can be.

Gerard Baden-Clay is another classic case of a murderer with a personality disorder. The Brisbane real estate agent appeared to be the perfect husband, father and small businessman — until he killed his wife, Allison, in April, 2012.

A great-grandson of Scouts founder Lord Robert Baden-Powell, Baden-Clay was president of the Kenmore Chamber of Commerce, ran Scout groups, supported the local school’s chaplaincy program and doted on his three daughters.

He actively promoted an image of himself as a successful and upstanding businessman, but it was far removed from the reality of his life. When Baden-Clay was charged with Allison’s murder, most Australians were stunned. But they shouldn’t have been.

Privately, Baden-Clay had spent years deliberately chipping away at Allison’s confidence, cheating with multiple women, big-noting himself in business and borrowing big money from friends when his franchise began to fail and incur massive debts.

His narcissistic personality disorder (NPD) meant he felt justified in fabricating a false image and doing or taking what he wanted, even if it hurt others.

An NPD is a pervasive pattern of behaviour characterised by an excessive need for admiration, inflated views of oneself not backed up by reality, exploitation of others, a strong sense of entitlement and marked arrogance.

Baden-Clay displayed these characteristics and was not as clever as he thought. His story that Allison had wandered off overnight, ending up in a creek 13 kilometres away, was unconvincing and he was convicted of her murder in 2014.

Yesterday lawyers for Baden-Clay argued that his conviction for the murder of his wife should be quashed on the grounds it was ‘unreasonable’. The three judges will give a written judgment, expected within three months.

Simon Gittany also had a false exterior masking something much more sinister — in his case an anti-social personality disorder (ASPD). An ASPD is a pervasive pattern of behaviour characterised by a disregard for and violation of the rights of other people coupled with a lack of remorse.

In public Gittany played the loving partner of his Canadian fiancee, Lisa Harnum. But he had a long criminal record for assault, theft and drug-dealing. He secretly spied on Lisa, controlled her every move and alienated her from her friends and her family in Canada.

When Lisa tried to leave in July, 2011, Gittany threw her from the balcony of their fifteenth floor Sydney CBD apartment and claimed she had suddenly climbed over. Judge Lucy McCallum disagreed and found him guilty of murder.

These perpetrators all had a personality disorder and their dysfunctional pattern of behaviour towards their partners was rigid, lacking in empathy and focused only on their own needs. In each case the results were deadly.

Family Court in crisis: Children need more say in custody disputes (Australia)

This and similar articles have been published for decades now. Yet very little changes.

http://www.dailytelegraph.com.au/news/nsw/family-court-in-crisis-child-protection-advocates-call-for-children-to-have-more-say-in-custody-disputes/story-fni0cx12-1227475426755

Family Court in crisis: Child protection advocates call for children to have more say in custody disputes

August 8, 2015 10:00am 

LIA HARRIS The Sunday Telegraph

IT IS the claims by a teenage girl that highlights the dilemma faced by the Family Court when deciding who should get custody of the children: “Why am I not allowed to help ­decide what happens to me?”

The heartbreaking allegations contained in a letter from the 14-year-old who has been on the run with her brother and mother for the past nine months after her parents were awarded joint custody, tells how she is terrified of her allegedly abusive father and fears she might be “the next Luke Batty”.

After alleging how her father assaulted her brother and held a knife to her mother’s throat, she begs: “At what point do I become old enough to have a voice? At what point will those with the power choose to let me be heard? The courts won’t hear me. How is this fair? I want to be heard, to be understood and acknowledged.”

Just hours after the letter was written last week, police finally caught up with the trio and the mother was arrested only days before they planned to flee the country.

The letter comes as leading child protection and domestic violence advocates call for Family Court procedures to be overhauled to allow children caught up in family disputes to have more of a say in what happens to them.

They claim that in most cases the wishes of the children are not being taken into account by judges.

Instead, children are only ­appointed an independent children’s lawyer by Legal Aid when the case is considered to ­involve a high amount of conflict, or are interviewed by a court reporter who presents a family report to the court.

Victims of Crime Assistance League chief executive Robyn Cotterell-Jones said the children were often misrepresented or not heard at all during custody battles.

Robyn Cotterell-Jones, of Victims of Crime Assistance League of NSW, said children don’t get a big say when it comes to custody issues.

Although many children were appointed an independent children’s lawyer, she said they often spent very little time with the child and did not reflect their views in court.

“They don’t get much of a say at all and when they do say something, they don’t get heard,” Ms Cotterell-Jones said.

“There are all these kids out there being put at risk because the courts believe the mother is just being vindictive. The independent children’s lawyers often don’t even speak to the children or don’t represent their views accurately.

“They’re prioritising access to the father over the safety of the children and the system needs to change.”

Bravehearts founder and CEO Hetty Johnston said her not-for-profit child protection organisation was “aware of many instances where deficiencies in the Family Court practices, policies and procedures have resulted in children being assaulted and placed at serious risk of sexual harm”.

As a result, Bravehearts recently funded an inquiry called Abbey’s Project to uncover and reflect the experiences, testimony and outcomes for families and other stakeholders in their dealings with the Family Court.

“Every week in Australia, the Family Court orders children into contact with, and even into the custody of, parents who are dangerous, toxic and abusive because the Family Court does not have the powers, expertise and resources to competently investigate allegations of child abuse,” Ms Johnston said.

“Whether it’s child sexual assault, domestic violence, or both, the fact is there is no public accountability or transparency around matters dealt with by the Family Court. That is a combination that is always dangerous in any situation and in any organisation, including our judicial system.

“We are seeing far too many poor outcomes due to a combination of failures that culminate at the exit door of the Family Court.

“Too often children are not being heard and their testimonies disregarded or disbelieved.”

Domestic Violence NSW CEO Moo Baulch agreed children were not being heard in the Family Court.

“Children’s voices are not being heard and mothers are being portrayed as coercing children into making statements or victim blaming,” Ms Baulch said.

“It puts children at risk and it puts women at risk.

“If children are saying ‘I don’t want to spend time with him’, surely we should be listening to that.” Sydney University Law School professor Judith Cashmore, who in 2009 researched and wrote a paper about children’s involvement in the Family Court, said most children wanted more of a say in custody matters.

Of the 47 children involved in Family Court matters interviewed for the study, 90 per cent stated they “should be involved” in the case and “most of the children who ­expressed strong and unqualified views were involved in contested matters”.

Prof Cashmore said the Family Court often took the view that children could be coerced by one parent and therefore their opinions could not be taken seriously.

“That’s a strong perception of the process ... But being able to see through that and understand if children are making those strong statements, then I think they should be taken very seriously,” Prof Cashmore said.

“We do need to listen more carefully and provide better mechanisms for kids who’ve been through it all and are not being heard (by the court).”

A Family Court spokeswoman said children were appointed independent lawyers in disputes involving a high level of conflict, ­including allegations of abuse, but were rarely allowed to address the court directly.

“(The lawyer) represents a child’s best interests and ensures that that is the focus of any decisions about parenting arrangements,” she said.

THE LETTER

The teenage girl wrote a letter to The Sunday Telegraph detailing the horrific abuse the family allegedly suffered at the hands of her father and her fear of being forced to live with him.

My name is X,

And I am scared of my dad. I have seen him in a rage throw my brother across the room. He has held a knife to my mother’s throat telling her how easy it would be to cut it … and the court has given me to him.

I explained to the court ordered evaluation all the things he has done that scare me and how he told us he killed the family animals after we asked for them back. He has done some things that are like Luke Batty’s dad which have been reported to DoCs… And still the court has given me to him.

I have tried to tell all the legal people involved how scared he makes me but I am too young for anyone to listen yet I am 14. Why am I not allowed to help decide what happens to me? I feel like I am screaming in a sound proof room because my voice has been stolen from me.

I feel like a refugee in my own country because the courts and the government have given me to him. Am I a slave? The court say my dad now owns me and the Police can drag me wherever they want.

At what point do I become old enough to have a voice? At what point will those with the power choose to let me be heard? The courts won’t hear me. How is this fair? I want to be heard, to be understood and acknowledged.

I hope that somewhere in the cosmos is a place where I am valued and safe. I don’t want to be the next Luke Batty.

I want to be protected from my dad. I need someone to hear my voice and understand that all I want is a life without fear. The only person to listen to me is my mum. She believes me when I tell her I am scared and keeps me safe but they will jail her for listening to me.

The only people who can hear me are you as you read this appeal. The only way you can help me is to share this with your friends and sign the petition for action — so please share this, print the poster and stick it up everywhere to create awareness.

Post it on Facebook, Instagram and Twitter. It’s time for awareness and change. Attach it to emails and send it to anyone you think of who can help … to help me and my brother find a voice, the voice that has been stolen from us.

We were not asked to be part of any hearing or give our opinions and concerns to any lawyer. Help me have a voice to have my views and issues recognised by the courts, the Police and my dad.

Encourage all those with big voices to look at what the court have stopped being entered as evidence by my dad and his team of barristers as he tries to take possession of me. Please help me to get as many signatures as possible.

I am scared and I need your help.

Thursday, August 13, 2015

Killer dad had extensive history of domestic violence, child abuse, assault (Adelaide, Australia)

And despite all that, UNNAMED DAD was allowed to be "involved" with the new baby anyway...with predictable results.

http://www.skynews.com.au/news/national/2015/08/13/inquest-shows-ebony-s-father-s-violent-past.html

Inquest shows Ebony's father's violent past

Updated: 5:47 pm, Thursday, 13 August 2015

An inquest has heard that the father of a four-month-old baby, who died from his abuse, had a history of domestic violence and juvenile crime.

Baby Ebony died from horrific injuries in Adelaide in 2011 after her mother, then 17, and father moved to South Australia from NSW.

The inquest into Ebony's death has been told the father, who was jailed in SA for criminal neglect, had another child with a different woman in 2008 when he was 16.

That boy was later removed from the family and taken to hospital after a visit from a NSW child protection services.

'There were concerns regarding the level of care (the boy) was getting, and possibly alcohol and drug use,' NSW child protection worker Jennifer Smith told Adelaide Coroners Court on Thursday.

Counsel assisting Naomi Kereru said the father had an extensive child protection history and a record of juvenile crime including common assault.

Another report detailed the teenage father's drug use and neglect for his first child. 'It is reported (the parents) smoked bongs around the child,' Ms Kereru said.

Baby Ebony suffered multiple skull fractures and dozens of other fractures to her ribs, collarbone, leg, fingers and toes during her short life.

Her mother, who cannot be named for legal reasons, was a ward of the state in NSW when she fell pregnant and moved to Adelaide, but the guardianship was not transferred.

The inquest previously heard the family had completely disengaged from SA child protection services at the time of Ebony's death.

AAP