Australian Family Court Judges to be Trained About the Malicious Use of False Accusations
Many have questioned, “How will bringing the Australian Family Court into the Federal Closed Circuit Court make a difference?”
It is becoming clearer the difference is wiping the Family Court rules and replacing them with the Closed Circuit Court rules.
To that end Australian Family Court Judges are to be retrained. It will include how to recognise victims of domestic and family violence whose stories are often not heard. i.e. Partners who have been falsely accused. And that it is usually the father.
This occurs when a woman, who may be feeling vindictive, tries to turn children against the other parent and makes unsubstantiated claims of violence and even child sexual abuse.
Such claims can be made out of malice and/or to bolster the party’s prospects of securing a favourable outcome – from their own perspective – in family law cases such as custody and property proceedings.
The law and penalty was always there under section 314 of the Crimes act 1900 (NSW). Punishable for up to 7 years jail. It just wasn’t in play in the Australian Family Court rules.
Where statements were made under oath that can be prosecuted for perjury under section 327 of the same act which carries a maximum penalty of 10 years in prison.
New Zealand has similar laws under the crimes act 1961 section 115. Conspiring to bring false accusation upon conviction is liable for imprisonment for a term not exceeding 14 years.
I am not entirely sure, but I think in NZ such accusations would need to be taken out privately in the district or High Court.
The direction the Australian Government has indicated is quite a significant one. It seems the Closed Circuit Court are arming and training Judges to award significant imprisonment penalties to those people who choose to lie in court.
It has been a long time coming to recognise what has been happening.
Looking forward to seeing other peoples view on why the Australian Family Court Judges are being retrained in criminal law.