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'You can't tell me women don't lie, of course they do': why Men's Rights Activists hate AVOs

Buried in an obscure nook of the budget was a humane and overdue measure, a good news story so pure it's puzzling the government didn't promote it beyond a passing mention in Treasurer Scott Morrison's budget speech.

It's simple and sensible, and it should have been enacted long ago: domestic violence victims will no longer risk being cross-examined by their abusers in family law proceedings.

Illustration: Simon Bosch
Illustration: Simon Bosch

This has long been a nasty courtroom quirk in family law, where the cases, by definition of having reached court, are often violent and always toxic. So far, despite numerous political tamperings with the Family Law Act 1976, there has been nothing to stop a female party to proceedings being forced to submit to the hostile questioning of the man who has abused her – and despite the best hopes of the Men's Rights Movement (on which, more later), it is almost always men who are the perpetrators of family violence. Other measures were announced as part of this package, but they received almost no coverage – even though they raised some eyebrows among family lawyers, women's advocates and even members of the Family Court. These measures include yet another review of the Family Court system (a parliamentary inquiry is already underway) and the establishment of quasi-judicial bodies called Parenting Management Hearings, which worry many working with domestic violence victims, because the parties are not allowed lawyers.

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"There is a bit of nervousness around where this will end up given the crossbench situation," said one source within the women's advocacy movement. The "crossbench situation" is a reference to one of the main platforms Pauline Hanson ran during her successful bid for re-election: to abolish the Family Court.

Strong presenceThe men's rights movement is one of the brightest stars in One Nation's constellation of support, right up there with the Polaris of the anti-vaxxers and the Sirius of the anti-Halal brigade. The men's rights activists (MRAs) form a disparate but vocal coalition with strong lobbying power – along with the One Nation connection, they have close links to the LNP's George Christensen and the former Family First party, which is now integrated into the Australian Conservatives, headed by Cory Bernardi. Bernardi was condemned in February for tweeting a link to an article by a prominent American MRA, Daryush Valizadeh, known for proclaiming that rape should be legalised on private property (he later claimed he was being "satirical"). The precise influence of MRAs over the government is difficult to gauge, but given its strong links to the crossbench, and the crossbench's elevated importance in the current parliament, its agenda could easily become a part of any deals cut. And when you dig a little into the fact-free wonderland of the MRAs, where women are both witches who abandon their families, and little bitches who moan when they're punished for it, that prospect is terrifying. The MRAs hate the Family Court. They believe it is biased against fathers. They despise what they say is the influence of the "domestic violence industry" on the family justice system – the same influence that has just achieved the announced ban on cross-examination of victims (the Women's Legal Service first made this recommendation in 2011). MRAs insist women frequently perjure themselves with false accusations of domestic violence against their ex-partners, and they face no consequences for their perjury. Despite the explicit direction at the heart of the Family Law Act requiring judges to consider shared parenting time when making custody orders, MRAs insist dads are forced into a legal position where they have to beg to see their own children.

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