@lyhargr_0 wrote:
www.abc.net.au/news/2020-02-22/rowan-baxter-given-shared-custody-before-killing-hannah-clarke/119904...
But not through the family court
Like most of these things, it appears this case is quite complex and not a black and white issue. If, as many responders to this thread have suggested there was an ongoing history of accusations of domestic violence, these would first be handled by an interim intervention order.
The names for these and facilitation are different for each state, but the basic process is they are either issued by police, on the spot, when they are called to a domestic disturbance or alternatively through application to a magistrates court soon after the incident. The courts are very receptive to these and they are often heard and granted on the day of application.
Police use these orders extensively to separate warring parties and if children are involved, regularly require the father to leave the home leaving the wife and children in the family residence. It is common for the orders to stipulate that the father cannot contact his wife or children until the order is removed or ratified by a full hearing of a magistrates court. ( at which point the claims of both parties are properly assessed and adjudicated on. ) Now this would be fine if the courts worked expeditiously, but unfortunately cases can be delayed for months or even years.
This is a process of the magistrates court and is separate to the family court. The family court proceedings will only begin once the magistrates proceedings have been concluded and the claims of both parties have been tested in a court of law. During this time it is common for fathers to be banned from having anything to do with his children.
It is very possible that if the mother in this case made an offer of shared custody before the family court proceedings started that the magistrates court may have already ruled in the fathers favour over an interim intervention order, effectively finding claims of domestic violence to be unproven. Hence the need for caution before making claims of sytemic domestic violence in this case..
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