The Family Court of Australia has made some really odd decisions in the past decade, which it uses as precedents when making decisions now.
There are a long list of cases that will blow your mind, and today, here’s just one of them.
In Josey & Meibos [2009] FMCAfam 470, the Family Court harshly reprimanded a mother when she changed her kids’ school to try to keep herself and her children safe from their father, who had a history of violence and anger against them.
Not only that, but the court ordered her to re-enroll the kids in their original school and creche, and ordered the mum to make all decisions like this jointly together with the dad in future.
If you’re ready for a hilarious and engaging listen this weekend, start with Pod Like A Girl’s breakdown of the charity fails by “The Better Blokes” podcast.
You can listen to Pod Like A Girl on all the podcast apps, or visit the website to listen to it there:
Or you can watch this important conversation with video on YouTube:
Or you can even download the mp3 file to listen to it another way.
Full disclosure, it’s not just amazing, it’s also enraging, but only because we’re talking about the unashamed misogyny and idiocy of these two man childs.
And Rach and Mia are absolutely the right women for the job, because they’re intelligent and informed.
They’ve also spent years advocating to eliminate misogyny, sexism, and violence from Australia’s culture – and advocating for victims of this misogyny, which we know also harms men themselves.
The men who are going to The Better Blokes project for advice are more likely to be harmed, not helped, by what these blokes are spouting.
It’s the Aussie brand of the Andrew Tate manosphere, where men are encouraged to be a real man, and women are NOT welcome.
Like their videos telling women to “shut the f*** up” and let men speak (direct quote). 🤢 🤮
Which is a problem, because their governing legal documents, their charity charter, says they exist to improve men’s mental health… Not to indoctrinate men with misogyny and encourage violence against women, non-binary people, and even kids.
I just read the most heartbreaking message from 41 children who have been ignored and unheard when going through the Family Court of Australia.
One, 15-year-old said they felt “squashed”.
I just had to do what I was told and be quiet and suck it up, even if it wasn’t what I wanted.
Two sisters were ordered by the court to spend time with their father, even though they told the court they didn’t want to because they would not be safe with him. One of the sisters said:
That was always one of my biggest regrets because I’m like, maybe if I had said something differently, or emphasised it more, they would have understood what I was trying to say and actually listened… It wouldn’t have made such traumatic memories, which happened afterwards, when we were forced to see him.
The main themes they highlighted match previous research that looked into the fundamental flaws in Australia’s national “child-centred”, “DV aware” court.
For example, studies about the Family Court process and judges’ decision-making have found that:
“The courts are seemingly prioritising protection of the child from the risk of psychological harm by the mother due to her failure to facilitate meaningful ties with a father over the risk of alleged physical or sexual harm by the father. We see this as a serious concern.” (Easteal, Prest, & Thornton, 2019)
There is a “lack of fit” between the types of cases that end up in the Family Court, which “are invariably complex, and likely to involve allegations of domestic violence and/or child abuse, mental health concerns, high conflict, and substance misuse”, and the court’s repeated focus on shared parenting by both parents, “reflected in decisions that appear not to reflect the system’s overarching principle of the ‘best interests’ of children and may also pay insufficient attention to the safety of women and children.” (Laing, 2017)
So what is the Family Court of Australia actually supposed to be doing for children, and why is it refusing to meet its legal obligations?
Always was, always will be, Aboriginal and Torres Strait Islander land, air, and waters.
So I was delighted to see First Nations Senator Lidia Thorpe call out the current King Charles… and disgusted to see mainstream media reporting it as “angry woman attacks 80-year-old man with cancer”.
Senator Thorpe is a Gunnai, Gunditjmara, and Djab Wurrung mother, grandmother, and advocate.
Senator Thorpe had tried earlier that month and that week to arrange a private meeting with King Charles to discuss these matters outside of the public forum, but he had refused.
She waited politely until King Charles had finished his speech before she made her statement to him.
Then Lidia Thorpe delivered her now already-famous speech.
Lidia Thorpe’s speech to King Charles
“You are not my king. You are not sovereign. You committed genocide against our people. Give us our land back. Give us what you stole from us, our bones, our skulls, our babies, our people. You destroyed our land. Give us a treaty. We want a treaty in this country. This is not your land. This is not your land. You are not my king. You are not our king. Fuck the colony.”
The incredible Grace Tame recently did an interview on the podcast The Imperfects, and it reminded me all over again that we need to keep talking about this. Thank you, Grace!
It may be 2024, but in Australia, most states and territories still do not allow victim-survivors of sexual assault and domestic violence to speak thetruth.
Vulnerable people are silenced by the very legal system that claims it wants to protect us.
The legal system disproportionately favours the person with more money and power. That usually means abusers, who:
Have often spent years controlling or withholding household finances
Typically earn more thanks to the gender pay gap that still exists in Australia
Have the power of a respected position in the community, or
Are confident that their victim is not legally allowed to speak up about what they did.
With pro bono legal services and DFV support services across the state already stretched beyond capacity, vulnerable women, non-binary people, trans people, and children, are being left to fend entirely for themselves.
The current legal system in Queensland perpetuates abuse. Because it’s easier for an abuser to control a person when they know that person cannot “out” their abuser.
TJ Withers 