NSW Cross-examination in Family Law?

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Leonard

Member
26 October 2016
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Reading an article today and came across this statement:

"In no area of criminal law is a victim able to be cross-examined in court by the person accused of harming them.

And yet in family law that is exactly what happens on a regular basis."

Is this correct? If not, what is it leaving out exactly?
 
D

Deleted member 12925

Guest
Correct, in terms of dealing (quite unsatisfactorily in most cases) the court can provision a screen so that the person asking the questions cannot make direct eye contact with the witness, or an appearance via video link.

The most damning thing about this situation existing in the family courts is what is not seen at first instance and that is people end up not even applying to the family courts due to the fact that they are of the view they cannot face their abusive former partners and so the cycle of abuse continues without redress.

I am an Accredited Family Law Specialist and if you would like for specific advice to your circumstances see: Glenn Thexton, Melbourne Lawyer: Book Online | LawTap
 

Leonard

Member
26 October 2016
2
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1
So just to clarify Mr. Thexton when you said:

"they are of the view they cannot face their abusive former partners and so the cycle of abuse continues without redress."

Are you saying that they don't wish to face their abusive partners or they simply don't know that they have the right to face them in court?

Also, why is cross-examination limited to the family courts?