Comment to 'Father has been charged with Rape of the mother and now seeks time with the Children.'
  • I agree context is very important and often overlooked by judges. It is very easy to criticise someone when you are blind the their circumstances.

    Some judges, to their credit, put the evidence in front of the reader and say, for example, "Here is what the father wrote to the mother and which I interpret as follows..."

    That doesn't solve the understanding-the-context problem completely, but I find it comforting to be able to read what it is that a judge is basing their decision on.

    Maybe it's just my imagination, but Judge Terry seems to make a habit of making findings based on evidence she does not wish us to see. For example, I would have like to read, in full context, "the things" the father is supposed to have said here:

    1. Some of the things the father said in his affidavit suggest that he has committed acts of coercive and controlling family violence, even though he is not prepared to put that label on it.

    I also agree with you that the legal profession's tendency to focus on negative consequences of behaviour and ignore positive ones is a mistake.

     

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