Why does the court say that someone has to see the abuse before they protect the child?

Answer 1

Children are fickle and unreliable witnesses. It is very easy to induce them to form and relate false memories or to confabulate. Additionally, the courts are biased in favor of the abuser.

As a parent, you must speak on your child's behalf if you know your child is being abused. Whatever it takes, right?

Courts are never in favor of the abuser; that is the interpretation that some have when a decision does not go the way they believe it should. Proscecutors and judges are reluctant to use the testimony of parents because parents often coach a child as to what their responses should be. A child will almost always say what they believe their parents want to hear, it may or may not be the truth. It is not an issue of lying it is simply the way children deal with stressful situations.

Additionally, when claims of abuse are made by one parent against the other parent the allegations are viewed with a certain amount of skepticism. Many children suffer from serious emotional trauma from being used as a "weapon" by warring parents. Claims of abuse are very common in custodial disputes and the vast majority are proven to be false.

I have to disagree with the 3rd person down that the courts are not in favor of the abuser - this is simply not the case they are in favor of the abuser,and I have done extensive research. The problem is that the court ordered "specialists" do not have a clue how to handle the multitude of problems that arise when leaving an abusive marriage. The children are not "fickle" witnesses they remember very clearly what happens to them as I remember the abuse when I was a child and what my ex-husband did to me. However the children are not asked to relay this information. My children were never asked to tell details of the abuse and that is dead wrong. The children need an outlet as well. The other facet in this continual monsterous injustice is that many abusers are very charming and nice when they want to be or when they need to be. They manuever these specialists time and again and I watched it happen. My kids do NOT want to go back and live with the man that abused them and their mom but they have NO choice and we will share the kids and I was told point blank that it is not the courts job to protect my children. So I will have to keep and eye out when I do not live in the same house anymore. The fact is they don't care - it is easier to deal with the situation after the fact and not rely on the children to tell what happened but I am sorry that children need to keep getting hurt so the family court systems will finally help these kids. This is why abusers , child molestors and all around bad people get custody of children in this country. As an abused wife who suffered a lot for many years the trauma of the court systems was even more victimizing and humiliating and there is very little support out there for abused women.

Courts need to see EVIDENCE of abuse. Doctors can testify if exams and x-rays show old injuries that can't be explained by the child's parent(s) or guardian.