Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/30196
Title: Allegations of child sexual abuse in parenting disputes: An examination of judicial determinations in the Family Court of Australia
Contributor(s): Ferguson, Claire  (author); Wright, Sarah (author); Death, Jodi (author); Burgess, Kylie (author); Malouff, John  (author)
Publication Date: 2018-01-05
DOI: 10.1080/15379418.2017.1415776
Handle Link: https://hdl.handle.net/1959.11/30196
Abstract: This study examined Family Court of Australia (FCA) judicial determinations in parenting disputes when allegations of child sexual abuse (CSA) are made by an interested party, usually the mother. For the study, 156 published judgments from 2013-2015 were examined to measure how often allegations of CSA are substantiated, suspected to be true, and disbelieved. The characteristics most common in substantiated versus unsubstantiated cases, evidence of abuse presented, and resulting parenting orders were assessed. Findings indicate that, against international comparisons, FCA judges substantiate cases very conservatively, with rates of substantiation much lower than in other studies. Allegations made by mothers against fathers were disproportionately unsubstantiated, as were those which did not fall under the Magellan case management system. Cases where the only evidence of CSA was a child's disclosure and parent's allegation were common in both substantiated and unsubstantiated cases, meaning that a lack of other evidence does not preclude a positive finding of risk of CSA by the FCA. Those cases also involving a protection order against the accused were more likely to be substantiated. Confirmation biases and a judicial tendency to err on the side of false negatives are discussed.
Publication Type: Journal Article
Source of Publication: Journal of Child Custody, 15(2), p. 93-115
Publisher: Routledge
Place of Publication: United States of America
ISSN: 1537-940X
1537-9418
Fields of Research (FoR) 2008: 170199 Psychology not elsewhere classified
Fields of Research (FoR) 2020: 520302 Clinical psychology
480402 Family law
Socio-Economic Objective (SEO) 2008: 970117 Expanding Knowledge in Psychology and Cognitive Sciences
Socio-Economic Objective (SEO) 2020: 280121 Expanding knowledge in psychology
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Psychology

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