Rising trend of domestic violence survivors not engaging in legal processes with abusers

A South Auckland woman is yet another domestic violence survivor who has refused to engage with Oranga Tamariki following an unwarranted notification.

“This is a nationwide trend that we are seeing with domestic violence survivors who are choosing not to engage with the family court or government agencies on the grounds that they cannot get a Fair Trial - which is a breach of the Bill of Rights 1990 and such demands are actually causing more conflict and reabusing them” says Debbie Swanwick Director of Ministry for Families.

Oranga Tamariki has received extensive condemnation, especially of late, for their failings in keeping children safe. Indeed, 220 children were harmed in state care in 2018, put there by the Family Court. (2)

MOF is a consumer led group of family court users and interested parties that educate members on resources available to them post separation.

We are repeatedly told by protective parents that government agencies are demanding and enforcing contact between convicted abusers and their children. Ultimately what we know to be true is that forcing contact between a child and an abusive parent actually damages that relationship, with the child stepping away for good when they are 16. In effect these government agencies are alienating children from abusive parents but in the first instance claiming that the protective parent (oftentimes the mother) is alienating the child” says Swanwick.

The parental alienation argument is often used in family court proceedings and custody can be overturned on these grounds and awarded to the parent that accusations are made against.

The PA theory was developed in the 1980’s to dismiss abuse on the grounds that it is typically falsified often by the mother and contact should therefore be awarded to the parent whom accusations are being made against. The danger in this is if those accusations are actually correct which is what Gardiner’s adversaries argue citing pedophiles can be given contact on this legal argument. (5)

“We often hear of lawyers telling clients not to raise concerns of abuse for fear custody will be overturned, no one should ever fear that they can’t raise concerns especially if it is impacting the welfare of a child or a person being harmed” says Swanwick

“Welfare agencies and the general public repeatedly tell women to leave abusive relationships but they never can. Government agencies are forcing them to reengage with their abusers through shared custody orders or following vexatious notifications made against them to Oranga Tamariki and putting them and their children at further risk” says Swanwick who cites it as being somewhat ironic that victims were protected against gang intimidation in the 1970’s in our courts yet it is still being demanded of women they engage with their abusers in the NZ family court and other government agencies.

In March 1986, 27 year old Christopher Crean was gunned down in front of his home in Marfell, New Plymouth. He had testified against 4 Black Power members, who up until the trial had been intimidating him. His bravery essentially wiped out Black Power in the area and it changed the law in New Zealand. Crean's murder led directly to changes in the Evidence Act allowing witnesses to testify anonymously and remotely. (1)

“Domestic violence survivors in New Zealand haven't been given the same respect and 33 years have passed” says Swanwick.

Anecdotally we know a lot of women are choosing to stay in their abusive relationships where at least they have a bit more control over the abuse dealt to their children. “A woman being physically abused by her husband contacted me several years ago and voiced her concerns that if she left the physical abuse would stop but then he would just emotionally, verbally and financially abuse her through the courts, and he would do it legally, aided and abetted by the government. She was right” says Swanwick.

New Zealand has one of the highest rates of domestic violence in the OECD. One in three New Zealand women report having experienced physical and/or sexual intimate partner violence. When psychological/emotional abuse is included, it jumps to over half. Approximately half of all homicides and more than half of all reported violent crime in New Zealand is the result of family violence and it is estimated that police spend 41% of their time responding to it. (3)

“If we actually sorted out domestic violence and child abuse in New Zealand a lot of people would lose their jobs - which makes conflict the biggest money spinner our country has” says Swanwick who suggests that's maybe why conflictual paths post separation are advocated for.

Dame Margaret Bazley said similar in her review of the legal aid blowout in 2009 (family court users at the time being one of the highest users of legal aid). She cited that legal aid lawyers were 'gaming the system' - exacerbating conflict, asking for top up payments on legal aid and operating in their own best interests instead of their clients. (4)

“You have to see the lip service being paid to the IT’S NOT OK campaign when government agencies entertain it and demand victims keeps reengaging with their abusers post separation. How is that keeping women and children safe? ” Swanwick asks.

References

1. https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=2098580
2. https://www.stuff.co.nz/national/111266757/more-than-220-children-abused-in-oranga-tamariki-care-in-2018
3. https://www.massey.ac.nz/massey/about-massey/news/article.cfm?mnarticle_uuid=C61AEFE4-B1D7-0794-48A1-CFA90FEDDEFF
4. https://www.scoop.co.nz/stories/PO1804/S00186/black-friday-continues-for-nz-law-society.htm
5. https://vawnet.org/material/parental-alienation-syndrome-and-parental-alienation-research-review

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