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VIC Will Getting Custody of Children Affect the Outcome of Criminal Investigation?

Discussion in 'Criminal Law Forum' started by MissSomeone, 7 October 2015.

  1. MissSomeone

    MissSomeone Well-Known Member

    24 August 2015
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    In 2014, a female got raped by her now ex partner as a result a child did get conceived. Once the child was born in December 2014, Department of Human Services got involved immediately because they had concerns about the father and a criminal investigation had just begun into the rape.

    At the time the mother didn't want anything to do with her child. For the father, his main assessment with Department of Human Services is the outcome of the criminal investigation . In March of 2015 they mother had changed her mind and wanted to start to get to know her child she had visitation with her child for a hour every week it then got increased to every week for 2 hours.

    In July 2015 there was a reconciliation meeting with both parents so both parents can voice there opinion on what they would like to see happen with the child. The reconciliation meeting got changed to a different date because the father didn't show up. A few days later, the mother went to a parenting course with her child for two weeks and passed the parenting course and all assessments required.

    Department of Human Services were going to give full custody of children and reunite mother and child on the last day of the parenting course but they weren't able to because the mother didn't have any accommodation. Department of Human Services still have the the intention to reunite mother and child, once the mother has reasonable accommodation.

    Since the parenting course, the mother has visitation with her daughter everyday for 4 hours. There is still a criminal investigation in regards to the rape. Apparently the father has just got interviewed by the police this week.

    My questions are: Will the mother's actions or her changing her mind and possible getting custody of her child affect the outcome of the current rape investigation on the father? What happens now in the police investigation after the father has been interviewed?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    These are two vastly different fields of laws that you're talking about here.

    The rape allegation is a criminal investigation and therefore subject to criminal law. The children's matter is a family law matter, which is a civil matter. The family law matter won't influence the criminal matter, but the criminal matter may be used in the family law matter in relation to the child's best interests.

    In regards to your question about what happens with the police investigation, the police will try and determine if there is enough evidence to charge the man with rape. If there is enough evidence and he is charged, the matter will be heard by the appropriate court, whereby the police must establish beyond reasonable doubt that the man is guilty of rape. If the police believe there is not enough evidence to have the man convicted of rape, then it will likely drop the investigation.

    Hope this helps.
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