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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