By JANET FIFE-YEOMANS, The Daily Telegraph rerun in the Brisbane Courier Mail

A MOTHER who claimed her husband had been sexually abusing himself in front of their three children has lost custody of them.

A detective who investigated the claims said in a confidential email that the mother was “a drama queen who is out to get her ex-husband”.

Police and child protection authorities had found the claims to be unsubstantiated and Family Court judge Justice Peter Murphy said the mother had emotionally abused the children in the way she had encouraged the claims of sexual abuse.

The judge said he had no criticism of the detective. “My impression was of an experienced, committed police officer doing a difficult job offering a private comment to a work colleague,” Justice Murphy said.

“Sometimes unguarded opinions from people experienced in dealing with cases of this type say as much or more as their formal comments. In my view, such is the case here.”

 The oldest child spoke to police on the prompting of his mother who promised him toys, the court found.

He found the father was not a risk to his children and granted him custody. The children will spend five nights per fortnight with their mother.

The judgment of His Honour Judge Peter Murphy cn be found here under the pseudonym Carpenter and Carpenter.

http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/judgments/First_Instance/FCOA_judge_fijudgements_2012_FamCA_1005

  • AndyB says:

    If you read the full document you’ll see that the mother:
    - attempted to extort money from the husband in exchange for a relationship with his children;
    - threatened to go to the police with false accusations if he didn’t agree
    - made the false accusations when he didn’t play along
    And was there any criminal charges laid against her? No, she got the worse that a manipulative, deceitful woman in a custody battle can get: reduced custody of her children.
    She still ended up with more access to her children than most men have, which is only every second weekend!
    Where is the justice? Why wasn’t the friend who passed on the extortion threat charged? Why wasn’t the woman herself charged with filing a false police report, blackmail, extortion, falsify evidence or giving misleading statements? Oh that’s right, because it’s not longer illegal for women to do that in custody battles. We have Nicola Roxon and Julia Gillard to thank for that!

  • TillysFather.net says:

    I couldnt agree more that the (thankfully) former Attorney General and current Prime Minister have a lot to answer for when it comes to the imbalance in justice for mothers and fathers. I have recently published http://www.tillysfather.net which goes into details about my experience, some of which is very similar to yours.

    My ex bribed me into paying the mortgage on our flat we used to live in together (which she got me chucked out of by playing the false domestic violence card) so I could see my daughter, then only allowed me to see her for a couple of hours at a time. She got no recrimination for making the false allegations of domestic violence, nothing for blackmailing me and still had more credibility than me, the father, even though the Magistrate said she was obviously “riding all of this out”!

    My 3.5 year old, Australian born and bred daughter was permitted to be taken to France with her mother, who claimed she was suffering from mental illness and had to go back to her country of origin to recover. My role as her father, who was proven to have a very positive relationship with my daughter, was completely ignored.

  • The Weatherman says:

    An all too common theme it seems. Mine differs in that for 14 years my child daughter has been manipulated into believing all paternal supports are evil, yet no one will listen to our claims. Only those of the mother are taken on board. Instilling fear is clearly stated as being child abuse, though no one will pursue the psychological aspects.

    Officially called “Poisoning” Edwards v Edwards 2012 (Dad gets custody of 4yr old grandma flees with child…Court releases details to public)

    2001 my child was removed from the country under false pretense and kept away for twelve months. No Hague agreement in country of wrongful retention.

    Lobbying of the immigration dept by me saw an offer of citizenship to return, so she did. Summarily walking out of the home six weeks later, with citizenship, with my child again.

    First court experience was expensive and amounted to a great pay day for lawyers after orders were negotiated. Seemingly i had to settle for the standard parenting agreement, second weekends and half holidays. Court would not accept any talk of the mothers removal of the child, no law broken.

    Mother reports to court i am violent and abusive, nut mother negotiates orders?

    First time i sat with a court counselor i was asked to answer questions of my “violence and abuse upon my de-facto. I asked “Is that why I’m here, i thought this was about my child?” His report to the court, ” There would be NO psychological advantage to the child to be removed from the mother.

    2007 child again taken from supports for twelve months, rather contravention of orders for contact by mother after a change over during which the child was ripped from my car by mother. My then fiance (now wife) sitting with child ready for a weekend was climbed over by mother, me standing in drivers door way. Mother calls Police; “my ex is going berserk please come quickly!” 30mins No Police, so i present 500m away at the local Police station, where an officer told me, it seemed the child was coerced onto the phone, don’t worry go home come back tomorrow pick up child…”Police can’t intervene it’s Federal matter?” Not see child for 6 mths, limited contact 1day/fortnight interim.

    Back to court, again, negotiate orders, two days. Court in Sydney refuse, quasi criminal direction and refuse conciliation, didn’t have the service..or funds at the time. 2008 final orders made, slightly differed from what i already had and $45K into lawyers pockets. Oh yes the lawyers got the brief wrong but did i see any refund…NO in fact they took me to court to compel me to pay sooner rather than later as i had applied for.

    Child at 13 goes to stay with grandma, fiance in grans life, wonderful self made fella – mother of child instills thoughts of “midnight wandering and improper dealings” by gent, frightening child and fracturing relationship somewhat. DoCS says to me, after report, “Did you give the child an action plan in case it happens?” I’m at fault for not telling my child “In case grannys fella…” What world are we in for goodness sake? 2011 mother did nothing wrong?

    Fast forward to now, July 2013, have not seen my daughter since August 2012. Further instilling of fear by mother, night after turning 14. My wife and me to a work function, child to stay at friends house for few hours, watch vids, play guitars, get Pizza delivered as teens do. A kind of independence trial, some growing room for my daughter – i thought, after all my decision (as set in orders when child with Dad parenting decisions etc etc…) Any how…Mother refutes idea and claims Pizza delivery guy may break in and assault girls?? OK then they can drive to Maccas…Mother again, what if a car crash???

    So next month August 2013 i will have to respond, i am being compelled by court to respond to application that my current orders are discharged and my daughter no longer spend time with paternal supports…and…and get her passport back so she can travel anywhere in the world…wait, wait…if mother gets a call that a relative is sick or dying (doomladen negative thoughts again) i don’t even have to be advised they are traveling or that the child is out of the country or advise where i can contact them.

    In a world where fairness and equality are preached, further more drummed into our children through media, education, extra curricular activities; some parents are able to make vexatious allegations, misrepresent the truth at will with our courts just going along for the ride. Courts are lacking consistency and it is endangering the real essence of their true goal, to make judgment based on fact alone. If it is not fact it should not be considered.

    My childs mother has 3 children. No fathers are present in any of their lives. One lives overseas and the other locally, minutes away and most recent, has just vanished. No paternal supports present.

    I am the bad father? Seems we all are.

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