Abusive mother allowed to keep children

In what appears to be a very unusual case, the Family Court has ordered that the children of an abusive mother are to remain living with her and the father is not permitted to spend any time with them at all.

The mother had made the children so distressed at seeing their father, that Justice Austin decided that they should not have to see him.

Evidence was presented that showed that the father had had a warm and loving relationship with the children in the past.  This relationship however was undermined by the mother who instilled in the children a fear of the father.

The mother also made various allegations of abuse against the father and convinced the children to make false allegations against him to the Police.  The allegations were investigated and found to be unsubstantiated and most likely a result of the mother coaxing the children to make false statements. 

The mother also instilled her paranoia in the children.  On one occasion the mother kept the children home from school because she feared the father would abduct them.  As a result, the children began to fear abduction by the father. The Court found there was no such risk.

The mother was so successful in turning the children against their father that they feared spending any time with him at all.  A Psychiatrist who examined the children said that the children’s fears were intense and genuinely held by them, though the cause of these fears was a result of the actions of the mother.  The risk of suicide by the eldest child was a real risk.

The case demonstrates how a Judge or Magistrate must make decisions regarding children under the Family Law Act 1975. Under the Act, decisions must be made that are in the best interests of the children. 

In the present case Justice Austin said that it is important for all parties to remember that the Court’s decision is not motivated by a wish to achieve a just result as between the parties, but rather to reach an outcome which serves the best interests of the children as the paramount consideration.

Justice Austin said that in his view it would cause more harm to the children to force them to spend any time with the father.  He said there is no realistic prospect of the children recovering their relationship with the father for some years to come, and no benefit will accrue to either child through trying. In fact, Justice Austin said that detriment will be caused to the children if further efforts are made.  Justice Austin was very concerned that the children may harm themselves if they were forced to spend time with their father.

Whilst the decision may not seem fair at first glance, it does underline the principle that the Court has as its primary focus - the best interests of the children.  

Further information on this case can be found at Wiggins and Wiggins [2010] FamCA 1111 (7 December 2010) http://www.austlii.edu.au/au/cases/cth/FamCA/2010/1111.html