Systemic Issues in Child Protection

Failures in the Family Courts

A major portion of our legal system's failure to protect abused children occurs in the Family Courts in SA. This system is unfortunately comprised of magistrates and court personnel who lack training in issues surrounding child abuse and are more often than not, indifferent to the child's allegations. Furthermore, critical decisions regarding the safety of a child are based more on personal relationships between lawyers and magistrates than on sound legal principles and best interests of the child. As a result, any due process to which the child is entitled to, is given little to no consideration and the child is returned to the abuser. Altered transcripts, ex parte communications, hearings held and orders issued without court reporters result in an already traumatized child, being victimized again by the legal system designed specifically to protect. A legal system which has devolved into one where incompetent, ineffective, sometimes overwhelmed, corrupt officials, who are accountable to no one, end up making decisions regarding the life of a child. PREVENTABLE child deaths are NOT merely the result of excessive caseloads, but rather the direct consequence of a social service delivery system that places a higher priority on preservation of the family unit than protection of the child.