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What we're talking about

  • Troy on Help Hinch fight DHS 'pinheads' I have seen this family fighting day after day for months trying to get their kids/siblings back home. The dedication and ... more
  • Pauline on Help Hinch fight DHS 'pinheads' DHS have destroyed my own family. They failed in their duty of care to provide a baby moniter for the deaf , thousands of ... more
  • Christine on Help Hinch fight DHS 'pinheads' isn't it funny how DHS don't recognise the psychological effects of domestic violence on children and continue to allow ... more
  • Warrior princess on Help Hinch fight DHS 'pinheads' There is a family In the Cairns Area who are Foster Carers.Atherton Child Safety have threatened the carers and own ... more
  • duncan on Help Hinch fight DHS 'pinheads' i have spent time with this family. it is a house full of love. "mum", grandfather and older sblings.this cannot be an issue ... more
  • Tracey on Help Hinch fight DHS 'pinheads' Family Law is different from the rest of the law in this country.. Ie. Family Law is based on probability: ie if it might ... more
  • carol annetta on Help Hinch fight DHS 'pinheads' having known this family for some time i am disgusted with the treatment she has received. it seems more of a witch hunt ... more
  • Maureen Hillary on Help Hinch fight DHS 'pinheads' Derryn,I have counselled traumatized parents as a result of DHS staff.There are great staff workers who care but they ... more
  • Janet Tavener on Help Hinch fight DHS 'pinheads' I am a visitor to this country.My attention was drawn to the case of these children and their foster mother by a relative of ... more
  • sam on Help Hinch fight DHS 'pinheads' Happening in Tasmania also.Wewon a court case over 8 months ago and due process still hasn't been done.We spent 17,000 ... more
  • Anne Glover on Help Hinch fight DHS 'pinheads' I just cannot believe what the DHS has put the Foster Mother, and the children through - I thought the DHS was supposed to ... more
  • Tracey on Help Hinch fight DHS 'pinheads' DHS are the most disgraceful organization I have ever had the displeasure of becoming involved with. They are so ... more
  • Vicki on Help Hinch fight DHS 'pinheads' Hi Derryn,I have known this carer since primary school, she has always put others above herself. Being a carer myself I know ... more
  • Gran'ma Pam on Help Hinch fight DHS 'pinheads' As any of us with any sense know, these children should NEVER have been taken from this lady (mum) in the first place, they ... more
  • Dominic Lombardo on Help Hinch fight DHS 'pinheads' I see my daughter every six months DHS are conducting a vendetta against me I have not been told why I can only see her ... more
  • cassy houghton on Help Hinch fight DHS 'pinheads' Hello Derryn,Firstly i would like to thankyou for your support and the willingness to help this beautiful family.I ... more
  • Warrior princess on Help Hinch fight DHS 'pinheads' Im a carer also in Qld. I see this happen way too much from our Government. They are starting to use Carers own children as ... more
  • paul on "I'll pay the fee," says Hinch I believe what Liberal Party has done is stupid. But I feel for candidates like Joh Bauch and James Buonopane who want to ... more
  • Andrea on Help Hinch fight DHS 'pinheads' Why are these public servants allowed to blatantly flout the law without the same consequences the rest of society faces? I ... more
  • birth mother on Help Hinch fight DHS 'pinheads' i am the birth morther of these 4 children and i just want to say dhs dont care they just want the kids in care so they can ... more

Hinch Blog: Family Court Faults

Posted by: By Derryn Hinch, 3AW Drive | 4 May, 2009 - 4:52 PM

Over the years I have received – and continue to receive - more tortured, emotional, sad and frustrating mail about one subject than probably any other. Apart from the sexual abuse of children. Although sometimes the issues are entwined.

I am talking about the Family Court. A sometimes, unbending, seemingly unfair, biased, and (by necessity, they say) secretive, legal institution.

And it's that way, as the name says, because it is the 'Family' Court. A place where a judge tells parents whether or not their children can live with them. Whether a father can have access to his son or daughter and for how long. And how much of his future earnings must go to the support and upkeep of those children.

It is frustrating for many reasons. The secrecy laws make it hard for people to get their grievances aired publicly and I have been convicted by the Family Court in the past for trying to do just that.

Being a Family Court Judge would not be easy. You are ruling on adults' lives and children’s futures. And some parents become desperate, irrational and even violent when they don’t get their way.

The issue is in court for a number of reasons right now. Here in Melbourne yesterday there was a protest rally by the Safer Family Law Campaign. A group described as 'concerned Australian self-help groups, parents, legal experts, academics, domestic violence workers, health professionals, journalists, authors, counselors and members of the public from all over this country who are seeing consistent failures in the Family Law system to protect children'.

One of the speakers was, Dionne Fehring, whose two children, both under two years of age, were killed in a murder-suicide that she says followed a bad Family Court decision.

And in Britain a man was jailed for life for stabbing to death 24-year-old wife in front of her mother and her sons, after she had tried to save herself and her kids in several countries including Australia.

Cassandra Hasanovic had tried to seek refuge from her violent husband in Sydney after he was convicted of raping her. The courts here ordered her back to Britain to fight for custody. Police there gave her a panic alarm but refused to drive her to a safe house. She told them: "I live in fear for my safety. I am so scared of him."

Several hours later she was stabbed to death.

Dragged from the backseat of her car where she was huddled between her young sons while her mother tried to drive her to safety.

As the prosecutor said: "She obeyed a court order at the cost of her life."

My files are full of emails like this one received at the weekend from a mother: 'My son’s lawyer has told him he will be 'skinned alive' by her female Barrister as the court is gender biased in favour of the woman!   And we see these facts all too often in the news with tragic results. How many more fathers will take their lives and their childrens' lives before the law is changed! The legal system is appalling and I hope to live to see it changed or at least save one life. This woman is evil and hell bent on destroying what my son has worked 20  years for ... " And so on.

I don't have the answers. But I am compelled to air the questions.

Hinch hammers home the point

NOTE: Please do not talk about specific Family Court cases in this blog, or name names and judges involved. These types of comments will not be published. Please keep your comments general.

Blog comments Your Say

  • who moderates this site? How can you allow such drivel to be published like it is fact? Women absolutely do not perpetuate the majority of abuse against children. Biological fathers absolutely are not the least likely to abuse their children. There is no hysteria over child abuse, just a lack of bloody action and punishment of offenders. It is everyones right to open their mouth to voice an opinion and absolutely their responsibility to make sure it is an informed one. Once again, this blog proves to be a farce

    Patrick Saturday 19 March, 2011 - 8:20 AM
  • The whole DVO thing is a joke. My evil ex lied her backside off, and purjerd herself. I asked my solicitor to make a complaint but she said it wasn't worth it as they all purjur themselves. Now she is using it against me in Family Court.

    stuiie Monday 14 March, 2011 - 12:08 PM
  • I am so frustrated with the whole system.
    My son is now divorced and has had to endure a complaint to HR at his place of work a DVO all of which were found to be false but it cost us money to defend and now refusal by his ex wife to give him access to his son.
    The original orders allowed for 50/50 custody. This was changed verbally when my grandson attended school. With the melecious and vindictive attacks that have been waged waged during the last 12 months and defending these actions it has been financially draining. The latest round is where my sons ex wife has accused him of being suicidal and has now refused hime access.Asked to provide evidence she has not. Even when we spoke to a lawyer and she rang ??? to advise her that unless she complied with the order she would be in breach ?? replied who cares. When my son went to pick up my grandson on Sunday he was not there. Phone calls to ?? said too bad. We have now gone back to the lawyers and she has drafted a nother letter demanding access. Somewhow I dont think this will do any good. Even the Federal Police say they will take now action. Of course my son could go and size my grandson from school however he believes this will cause harm to his son. We now have to put up with this crazy sytem and send more letters, hope ?? comes to mediation or enventually spending more money in court. It appears the mother has all the cards and the fathers have to spend the money.

    Graham Monday 8 March, 2010 - 9:44 PM
  • The entire Family law situation is so biased towards legitimate concerns raised by the father, allegations of improper behavior raised by the child(son)against his mother,given in Police interview,twice! the father ridiculed and ganged up at court,now the father is fighting to see his son and the Police investigation was compromised by the actions of the court,and the best of all DHS did nothing for 15 days and now are trying to cover their backsides by blaming everything else they can

    michael Monday 1 February, 2010 - 9:29 AM
  • The hysteria over child abuse is because feminists and spoiled women who have had all the rights before are now resorting to false accusations to maintain !00% control and deny the father any access. The facts are that most child abuse is done by mothers.......in absence of the father. Children are far far safer in a fathers care then in a mothers care.....although they might not like the additional restrictions......eg....single mothers tend to let their kids do anything....fathers exercise more control. But don't take my word for it.....look at the stats.....most children killed by a parent are killed by the mother.....most injuries are inflicted by the mother.....statistically......the biological father is the least likely person on earth to hurt a child. Fathers are also much more likely to risk life and limb protecting their children....while the most mothers do is call for men to come and help. Numerous cases in recent media show this conclusively.

    Stu Saturday 30 January, 2010 - 4:35 PM
  • I'm here watching, helpless and wishing that the systems would change so that children can be protected like they claime. I watch my friends children regress, smell the vomit on them as they bring up a meal, hear them say strange things that clear indicate that they have been interferred with in away that is nothing less than SOUL DAMAGING, the system has closed the door on my dear friend as i watch her do what any mother would do & protect her young, but the system has failed her on every account. No police department wants to touch a child sexual abuse case caused by a (father) who has no right to the title, as it's to complicated & the children aren't good witness, that's right they're the VICTIM, so as a socity we will punish them for this and give them no help to find peace between there nightmares, that their mother comforts them from, & while a mother falls apart at the seems because there is no support, & the system will let them go back to a unsafe enviroment, where on a fortnight base these children will continue to play sex games at the hand of the man that claims the title (FATHER) & 15 years from now these same children will be the ones that have done crime, or abuse another child, or committed suicude WAKE UP because it might just be your son or daugther that is in these same childrens class or sadly may even be their victim, when we could have stopped the cycle, we let it breed and plag out lives THE SYSTEM SLEEPS AT NIGHT WHILE THESE CHILDREN HAVE NIGHTMARES & THEIR DREAMS SHATTERED...Mercy on all our souls and prey that we can each help just a little

    Sadness Monday 13 July, 2009 - 4:09 PM

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