- Darcey Freeman's family 'didn't raise safety fears' during court proceedings
- ABC News
- 06/02/2009 Make a Comment
- Contributed by: Rambo ( 7 articles in 2009 )
The Chief Justice of the Family Court says the family of Darcey Freeman did not raise fears for her safety during court proceedings.
The four-year-old died last week after being thrown from Melbourne's West Gate Bridge.
Her father has been charged with her murder.
Federal Attorney-General Robert McClelland has ordered a review of the case after her family claimed the justice system ignored their concerns for her safety.
But Justice Diana Bryant says the court orders were made by consent.
"The parties did not present to the judicial officer concerned as part of their case that this child was at risk of harm in the father's care," she said.
"The issues for determination were how much time the father should have with the child."
Justice Bryant says the Family Court will cooperate with a review of the case but that it will not explain any of its decisions.
She says the court process is one of many stressful factors that occur during a family break-up.
"Everybody naturally wants to say 'well what was the last involvement' and if the last involvement was an order of the court well then people naturally want to say 'well it was the court's fault'. But that is not necessarily the case, I mean it isn't the case. There are so many factors that cause people to be distressed," she said.
Justice Bryant says the Family Court should do more to help separated couples after a custody order has been made.
"Legal aid is essential, I think funding of an appropriate counselling mediation service is essential and enough judicial officers to hear the cases in a timely way is essential," she said.
The four-year-old died last week after being thrown from Melbourne's West Gate Bridge.
Her father has been charged with her murder.
Federal Attorney-General Robert McClelland has ordered a review of the case after her family claimed the justice system ignored their concerns for her safety.
But Justice Diana Bryant says the court orders were made by consent.
"The parties did not present to the judicial officer concerned as part of their case that this child was at risk of harm in the father's care," she said.
"The issues for determination were how much time the father should have with the child."
Justice Bryant says the Family Court will cooperate with a review of the case but that it will not explain any of its decisions.
She says the court process is one of many stressful factors that occur during a family break-up.
"Everybody naturally wants to say 'well what was the last involvement' and if the last involvement was an order of the court well then people naturally want to say 'well it was the court's fault'. But that is not necessarily the case, I mean it isn't the case. There are so many factors that cause people to be distressed," she said.
Justice Bryant says the Family Court should do more to help separated couples after a custody order has been made.
"Legal aid is essential, I think funding of an appropriate counselling mediation service is essential and enough judicial officers to hear the cases in a timely way is essential," she said.
Source: https://www.abc.net.au/news/stories/2009/02/06/2484688.htm
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