Synopsis ...

Australian Children and Women Trapped Overseas by Domestic Violence & Systemic& Judicial Failures – Situation Synopsis

*Met my former spouse in Australia, late 1984 (his sixth trip to Australia, informed me he wanted to live in Australia permanently & thought Australia a better place to bring up children than Canada). 

*Married in Australia, 1986, moved to Saskatchewan, Canada, where our children were born, supposedly for ten years. 

*In 1995, because of his sustained abusive and controlling behaviour, I left my husband, taking my children with me

*1996 we divorced. Thereafter followed protracted adjudication of custody rights, judge ordered a custody and access home study, completed by Mr J C, assessor, Family Law Division, ... Department of Justice.

*A number of professionals and senior staff of advocacy groups expressed serious concerns regarding the custody and access report. The justice department assessor, Jeff Cain, not only misrepresented my children’s and my information regarding our family situation and the abuse we experienced, but also information from a doctor, social worker with the Domestic Violence Support Group, counsellor and preschool teacher. He also refused to speak with others including the social worker from the Child Witnesses Support Group one of my children attended and experts such as Dr Peter Jaffe, international expert on child witnesses to domestic violence. This child wrote a story, based on their experience of violence in our family which was used by counsellors and in the educational documentary “How Then Shall We Live: A Process for Developing a Plan to Escape Abusive Relationships”.

*Some concerns as articulated in a letter regarding our experience to ... Q.C. Director Policy Planning and Evaluation Branch, ... Justice, from ..., Psychologist, ... Family Service Bureau dated May 13, 1999 include …
“We want to take this opportunity to let you know, from our point of view, Ms …’s case is not unique except insofar as she has had the persistence and financial resources to pursue her dissatisfaction with the assessment process and its impact on her and her children. Members of our staff have worked with at least five (5) women who reported similar experiences to that of Ms …
Common themes among the women were as follows:

i Failure on the part of the male assessor to understand or believe the impact that spousal violence had on the women

ii Failure on the part of the male assessor to understand or believe the impact that their father’s physical and/or verbal violence had on the children

iii A propensity on the part of the male assessor to include as part of his report, those witnesses who minimized or denied the existence of violence and to minimize or exclude witnesses who reported violence as a factor that may contraindicate the advisability of joint custody arrangements.” 

*The assessor’s actions were also in direct contravention of the ... Justice Department’s core standards of practice outlined in the “Model Standards of Practice for Child Custody Evaluations” in place at that time, and in our case despite the specific instructions from the judge to the assessor to investigate any evidence of domestic violence.

*Eventually, as a result of our concerns being continually raised with the Justice Department, parameters for a review of the case were cooperatively developed by myself, D F, B P Executive Director Policy, Planning and Evaluation and B H Executive Director, Family Law Division. The ‘parameters’ document (June 1999) clearly called for a check on whether the custody/access assessment accurately reflected the views of the professionals consulted and my children and myself, and whose views were included and excluded from the report. Appropriate coverage of these requirements necessitated re-contacting the sources of information cited in the report and the ‘parameters’ document clearly specified contact with the referees used for the assessment. None of these processes, all of which accord with the “Model Standards of Practice for Child Custody Evaluations” were observed. Instead, two individuals who were appointed to conduct the review based their findings solely on the Family Law Division employee’s notes and report. Illogically, and in bad faith given the earlier undertakings, the alleged bias and misrepresentation in the report was tested by using the material case notes being called into question. 

*The failure to implement the comprehensive custody and access home study review in its negotiated and agreed form exacerbated the intense personal stress I was experiencing. My ongoing requests for assistance, support, safety and security for my children and myself were ignored and eventually my abusive former spouse gained custody of our children and used this opportunity to undermine my relationship with my daughters, alienating us and contributing to one of my children's attempted suicide.

*My former spouse set out to silence and destroy me because I left, wouldn’t come back when he insisted and spoke up about the abuse. The Justice Department condoned and colluded with my former spouse’s violence and abuse by having their employee misrepresent information about it, not dealing with this when they were made aware, having not dealt with this known problem previously (as Family Service Bureau letter said they had worked with at least 5 other women who had same experience).

*Neither my former spouse nor the Justice Department cared about the consequences for my children or me and the department obviously had not been concerned about the consequences for any other children and women that their employees had previously misrepresented information about in court in regards to the abuse they experienced. B P. Justice, said to me when she introduced herself at a Justice Department focus group on how to deal with domestic violence and custody and access, “What happened to you should never have happened to anyone”. Then she used all her department’s resources and power to fight me and not deal with, but cover-up the situation. Eventually I lost custody because I was no longer able to survive as a result of their joint efforts and my inability to get the assistance, safety, security and justice we needed and deserved. Like other “whistleblowers” I have been depressed, suicidal and unable to work as a consequence of the fight and the backlash.

*The new “Model Standards of Practice” for the Justice Department regarding custody and access home studies show the influence of my information; for example, they now state that the assessor must not directly contact the judge out of court. ... not only misrepresented information in his report and court testimony but he also contacted the judge out of court, behind the scenes, to share misrepresented information. I only found out about this a long time afterwards. None of the changes made assisted or applied to us.

*More recently I was put in contact with another Australian mother, originally from ..., who with her four children had suffered a similar, traumatic injustice in the same Canadian province.

*As Honorary Professor Tony Vinson, Faculty of Education and Social Work, The University of Sydney, states in a letter of support dated 27.7.2008, “From my reading of the documents surrounding this case I believe there is sufficient evidence of a factual basis to Ms …’s claims to warrant serious consideration by the Canadian Justice authorities.” 

*These concerns, raised many times before and again in Professor Vinson’s and my recent letters to Canadian authorities have once again been dismissed. No one, including the Australian Government, is holding any Canadian authority publicly accountable to providing justice in our case – unlike the Australian governments provision of resources, advocacy and intervention to ensure “judicial fairness” for Harry Nicholiades, Annise Smoel, Angelita Pires, David Hicks, Schapelle Corby, the “Bali Nine”, Australians arrested in Canada while protesting against the seal slaughter/hunt, Australians who boarded Japanese whalers and many others. This lack of assistance is not congruent with public government statements regarding domestic violence or statements made in the recent government media release regarding acceding to the Optional Protocol to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

*Experiencing domestic and family violence is traumatic. Experiencing systemic and judicial failures, discrimination, inadequacies and inequities is traumatic. Discovering that your country and government will provide assistance and advocacy for criminals and other Australians overseas but not innocent and vulnerable Australian children and women is another indescribably traumatic experience. 

*Have now used all my resources to fight the systems that should have protected us; I no longer have the resources, finances, hope or capacity to continue. I am desperately concerned about my children, myself, the other Australian woman mentioned above and her children’s safety and wellbeing, my personal possessions and some documents still in Canada, none of whom or which I have any resources or ability to advocate for or try to protect any longer. 

*Despite Dr Peter Jaffe, (Centre for Research and Education on Violence Against Children and Women, University of Western Ontario), telling me I have done more than any other mother he knows to try and protect my children, despite bringing information to ... Justice that made change (for others after us), despite being a woman who has taken on a justice department … I am now financially, physically and emotionally bankrupt, afraid, have no sense of success or accomplishment, not able to clearly articulate information, no longer able to be a creative problem solver, not sure how to proceed or what to do next. 

*Ethics Counsellor at St Lames Ethics Centre, staff at the Human Rights Law Resource Centre, counsellors and many others all agree that I have done everything I could have and should have on my children’s and my behalf, are amazed at what I have done on my own, incredulous that I have survived myself and do not know what else to suggest. 

*Despite contacting members of the National Council to Reduce Violence Against Women and Children to beg for their assistance and advocacy, none of these government appointed people would assist or advocate for us and agreed to the governments terms of reference for the committee and its recently released National Plan “Time for Action” that deliberately excluded mentioned or referring to Australian women and children who have experienced domestic violence overseas but does contain specific mention of the challenges faced in Australia by immigrant women and their children who experience domestic violence and makes specific recommendations to assist and protect them – while refusing to even acknowledge the same trauma and challenges for Australians in foreign countries. What other known aspects of domestic violence and systemic and judicial discrimination and failures did the committee, the government and Australian Domestic and Family Violence Clearinghouse agree (collude) to exclude from public discourse and the National Plan? 


Prepared July 2009, 
“Merinda” 

For further information please go to www.womenwhowant2gohome.blogspot.com the online resource I created in the form of a blog.

Greetings Amanda ...

Greetings Amanda,

It was wonderful to have someone actually respond to my blog so thank you very much for taking the time to do that. (Would appreciate knowing how you came to find out about this online resource/blog.)

Yes, it was great to get a response to my letters, unfortunately that has not resulted in any response from those would could assist and protect Australian children and women trapped overseas by domestic violence and systemic and judicial abuse - our government still ignores us - apparently "judicial fairness" is not considered necessary and worth demanding as the government insisted for David Hicks, and although Federal Police and Department of Foreign Affairs officers have already travelled Africa to assist the recently kidnapped journalist - there is no such assistance for Australian children and women.


Despite having shared this information with many parts of the “domestic violence industry” and people who claim to care about children and women’s human rights and right to safety and security as you can easily see I get very very few comments or people sharing this information to inform and protect children and women. 

You raise some interesting questions and concerns. Unfortunately it is not as easy and supported as it should be for children and women to escape domestic violence, and when a woman takes her children and leaves a situation of domestic violence this does not necessarily end the abuse or guarantee her and her children the safety and support they need and deserve. Three children recently murdered by their abusive father in New South Wales exemplifies the threats and real dangers facing children and women trying to escape domestic violence. If our society, services, systems and politicians do not hold the abuser accountable and protect innocent and vulnerable children and women how can we expect an abused mother to do that on her own?

If a woman is in a position where her abusive former spouse had attempted to kill her, threatened to kill or told her he will do whatever he needs to to take her children away from her and make sure she never sees them again then she is always afraid of what he might do if she tries to have contact with her children in his control. If a woman is in the position where some of her children are “of the age of majority” but some are still with the abusive father then she will have concerns about the younger ones safety if she is able to develop a relationship with her older children. Many people understand the dangers and difficulties facing adult women trying to leave an abusive relationship but somehow think it would be easier for the abusers children to leave, to say to this person I am not going to let you control or threaten me anymore. 

We are all familiar will the saying “it takes a village to raise a child”. That same “village” needs to take collective responsibility for children’s and their mothers safety, security and support when they are the victims of domestic violence in a family in their “village”. I don’t know if you heard about Colin/Colette the baby hump-backed whale in Sydney – but is amazed me the efforts people and the government went to for this baby whale and the outrage that some expressed when it couldn’t be saved. If people were as publicly outraged about the plight of some human babies and children, about mothers that desperately want to nurture, care for, protect and parent their children but are prevented from doing so by abusive spouses and abusive systems where no one comes to protest and the media ignores them, children and women would be safer and our service providers and agencies saved a lot of unnecessary expense. 

Once again Amanda, thank for taking the time and interest to respond to the information in this blog and please share the information and resources with anyone you think it will benefit and protect, or who genuinely cares about children and women’s right to safety and security. 

Take care … take heart … Merinda

A glimmer of light across the plains in the darkness ... more than just a min-min ...

A glimmer of light across the plains in the dark … more than just a min-min … 

How do I describe to you what it mean to me to receive a response from Ms Lisa Wilkinson (a member of the National Council to Reduce Violence Against Women and Children), Mr Ahmed Fahour and Honorary Professor Tony Vinson (members of the Australian Social Inclusion Board) to the letters I wrote to the members of these new government bodies who were not already aware that there are Australian children and women trapped overseas by domestic violence and systemic and judicial failures.

Ms Wilkinson appreciated receiving the information even though she found it “quite disturbing”. Because she wanted to help she passed this information on to Tanya Plibersek as Ms Wilkinson sincerely believed “The matter is best handled by Tanya Plibersek’s office”, now I have the unpleasant duty of informing her that that is what I had also once believed but when I begged for assistance from Ms Plibersek while Shadow Minister for Women, she informed she was unable to assist as she was not in government (as opposed to being able to speak up for “judicial fairness” and government assistance for David Hicks and other issues regarding violence against children and women, see post “Ministerial Accountability, Domestic Violence and the National Council to Reduce Violence Against Women and Children” at my online resource/blog www.womenwhowant2gohome.blogspot.com ). And now as Minster for Women in the new Rudd government Ms Plibersek and her office have chosen not to provide safety, security, support, assistance or advocacy for Australian children and women trapped overseas by domestic violence and systemic and judicial inadequicies nad inequities despite my many requests for assistance from that office. Even Ms Wilkinson’s forwarding of information has nor resulted in any assistance or expression of care, concern or compassion from Tanya Plibersek or her office.

Unfortunately, Professor Cathy Humphreys, who informed me “female politicians will not speak up about this for fear of backlash” and the “government will not do anything unless the media embarrasses them into it” continues to prove accurate – to bad the media choses not to speak up about these issues until after the fact, after more children and women are dead! One would have thought with the events in New South Wales in the last couple of weeks where so many innocent and vulnerable children and women have been murdered and attacked by male family members there would be an immediate response when desperate mothers beg for protection for their children and themselves.

Which makes it even more precious and appreciated when people, like Ms Wilkinson and Hon Prof Tony Vinson, do take time to let you know they care and have taken action that they believe should make a difference. 

When Hon Prof Tony Vinson responded to my letter he let me know that he “was distressed by the contents of the letter” and has expressed concern and compassion for my children, myself and others in similar circumstances. Hon Prof Vinson has since maintained contact despite the personal cost of time and money and other commitments in his busy life. He has committed himself to reading the extensive documentation I have mailed to him to help him understand our and other children and women’s traumatic situation.

For children and women who have experienced the trauma and isolation of domestic violence and the ongoing trauma of systemic and judicial failures to provide safety and justice, any experience and expression of genuine care, concern and compassion is an incredible gift when these issues are more commonly ignored or only of interest after the fact as sensationalised news. Reaching out, letting people know you care, recognising the pain and trauma of others existence if a priceless gift which costs nothing! 

Thank you Lisa and Tony for being glimmers of light across the plains in the darkness … 

Take care … take heart … Merinda

Thanks for offering to help ...

* * *

Ben Schokman
Human Rights Law Resource Centre
Melbourne, Victoria 



Dear Mr Schokman,

Thank you for the phone conversation and the information you shared with me.

Please find following – 
2-page letter to named members of the National Council to Prevent Violence Against Women and Children (mailed 3rd May 2008 with dvd “How Then Shall We Live: A Process for Developing a Plan to Escape Abusive Relationships” which my eldest child and I were involved in, am mailing you a copy) 
2 pages contact details re National Council to Reduce Violence Against Children and Women
1 page letter to Law Council of Australia (mailed express 27th May 2008 with extensive documentation)
1 page article today’s Sydney Morning Herald, mentions new council

If the members of the newly announced National Council to Reduce Violence Against Women and Children were aware that you and others were aware of our situation and these issues would we be safer and more likely to receive assistance?

There are so many other twists to and hypocrisies involved with our situation, i.e. Jack Layton, Canadian federal MP, leader of the NDP, is one of the co-founders of the White Ribbon Campaign, he did not responded to my phone call and emails begging for assistance, and it is the NDP who were the provincial government in … , Canada at the time that province’s justice department was having its employee misrepresent information in court about immigrant women and their children’s experience of domestic violence. In both Canada and Australia politicians, academics, delegates to international and UN conferences who say they care about the issues of violence against children and women will not assist us or speak up on these issues. 

So would it be appropriate for you to share this information with Transparency International as well?

In my online resource/blog www.womenwhowant2gohome.blogspot.com the post “As it is written …” mentions some of the laws and international instruments that should have protected us.

There are some important things about our situation and these issues I would like to be clear about:
- We need and deserve immediate safety, security and support
-I want to be part of the solution, as those in the disability community say “Nothing about us without us!”, there are already too many who have participated in creating a domestic violence “industry” which benefits those “experts” who never have and never will experience domestic and family violence while doing little to change children and women’s lived reality of domestic violence and systemic and judicial abuse. There has to be something productive I can do with my experiential knowledge and extensive research, instead of others trying to benefit from it and appropriate my intellectual property without assisting us. I would be quiet happy to be an additional member to the new Council, have recently applied to the NSW Premier’s Council for Prevention of Violence Against Women (no response as yet) and had applied to participate in the Australia 2020 Summit – and was rejected! (See post “Further out of view … further out of mind …” at my online resource/blog).
- I see these issues as interconnected with and not divisible from other social justice, governance, economic and sustainability issues
- These issues need to be part of public and political discourse, and until my children and I are safe we need to not be in any way identifiable, knowing you can ask for assistance and remain safely anonymous would be an important factor in other women and families coming forward to share their information of similar experiences, which would assist in starting to collect statistics and other helpful information. (Maybe the groups you mentioned could host a publicity campaign and toll free phone number for a period of time – or request the new Council to do so).


If it is helpful I can mail you the extensive supporting documentation that I have shared with many others while trying to gain support and assistance for us and other children and women in similar traumatic circumstances. 

Sincerely, 

…


* * *


Ben has let me know that he is trying to compile the extensive documentation that I forwarded to him so that he can share that in a more comprehensible form with organisation that the Human Rights Law Resource Centre has been working with to enable them to advocate for us and all Australian children and women trapped overseas by domestic violence and systemic and judicial abuse.

At one stage in one of our conversations Ben thought I was angry with him because of the loud angry way I was speaking. I felt very badly about that, especially since he was one person who had offered to do something to help! I tried to explain to him that I wasn’t angry at him but at the situation my children and I and other children and women were experiencing, at how difficult it was to get any assistance or support when supposedly so many people find violence against children and women unacceptable, at how there was immediate assistance for drug traffickers and Douglas woods and bomb blast victims – but nothing for children and women who have experienced domestic violence – and how long it was all taking and how afraid I am that considering some of our and others experiences there is a chance that we will not survive this.

* * *

Ministerial Accountability, Domestic Violence & the National Council to Reduce Violence Against Women and Children

National Council to Reduce Violence Against Women and Children 
The letter copied below and supporting information mailed to National Council to Reduce Violence Against Women and Children members as noted, Tuesday 3rd June 2008, (some Council members and/or their organisations had already been directly approached begging for assistance and support and had not been available or for whatever reason chosen not to support or assist us or use my information to protect others from a similar traumatic experience). No response as yet. 

How do I and other women who have experienced violence and are desperately trying to gain safety, security and support for their children and themselves understand the lack of response and the ethical gap between what is said and what is done (or not done) in regards to violence against children and women. If no member of the newly announced National Council to Reduce Violence Against Women and Children is compassionate enough or available to even respond to communication from women and mothers desperate for safety and security for their children and themselves what does this mean about the Council, and the environment, mandate, safety, integrity, ethics, or opportunity for any change to the lived reality of violence experienced by children and women?

* * *


Heather Nancarrow
…

Re: National Council to Reduce Violence Against Women and Children, and Australian Children and Women Trapped Overseas by Domestic Violence and Systemic and Judicial Abuse.

Dear Ms Nancarrow,

Congratulations on your appointment as Deputy Chair to the newly announced National Council to Reduce Violence Against Women and Children (as per Australian Government media release 26th May 2008).

I am contacting you to beg for your and the council’s assistance for Australian children and women trapped overseas by domestic violence and systemic and judicial abuse. 

Information regarding my attempts to obtain safety, security and support for us and deal with the problems encountered in a foreign justice system where justice department employees misrepresent in court information from professionals regarding immigrant women and their children’s experience of domestic abuse can be found on the online resource I created in the form of a blog www.womenwhowant2gohome.blogspot.com (see posts “The Perils of Indifference…”, “Dear Mr Prime Minister …”, “A letter to our new prime minister …”, “Waiting and hoping …” and “Further out of view … further out of mind …”). Extensive documentation has been supplied to numerous government departments, politicians and advocacy organisations over many years in efforts to obtain support and assistance. The Prime Minister Kevin Rudd, Tanya Plibersek MP and Maxine McKew MP are a few of the people who have received that documentation and would be able to supply you with copies of that information.

The implications for children and women when there is an “ethical gap” between what is said and what is actually done for children and women who have experienced domestic and family violence are very concerning. Despite begging for assistance from many who say they care about these issues (see post “The Perils of Indifference … ) we have been ignored or excuses found not to assist us - despite the willingness to intervene on behalf of David Hicks, Schapelle Corby, the “Bali Nine”, Canadian seal hunt protestors, whales, the last asylum seekers on Nauru, and most recently a Chinese asylum seeker accused of corruption in her homeland. 

This situation has been so traumatic that my eldest daughter attempted suicide and I still cannot get any assistance. I am extremely concerned for my children’s welfare, wellbeing and safety, my wellbeing and safety, the wellbeing and safety of the other Australian woman and her children mentioned in my online resource, all other children and women in this traumatic situation, concerned about security of my information and documents and personal possessions still in Canada and desperate for immediate intervention and assistance for all of us.

A guest speaker at the “Towards Better Practice: Enhancing collaboration between women’s mental health services and domestic violence services” seminar, hosted by Sydney University Faculty of Education and Social Work, (proceedings posted at the Australian Domestic and Family Violence Clearinghouse website) informed me that “female politicians will not speak up about these issues for fear of backlash” and that “the government will not do anything unless the media embarrasses them into it”. I am hoping that with the formation of this new council there are safer, more supportive and more immediate options now available to women and children who have experienced violence.

There are members of your council and the previous and present governments who have been aware of our and other similar situations for more than twelve months and for whatever reason have not been willing or available to provide us assistance, support or advocacy or to use my information to prevent other Australians from a similar traumatic experience. Hopefully the newly formed National Council to Reduce Violence Against Women and Children will make it safe for all involved to speak up and work together for children’s and women’s immediate safety. My priority is for my children and I and the other Australian mother and children mentioned in my online resource to be safely home in Australia with our families immediately, and for others in similar traumatic circumstances, who are unknown to me, to also receive immediate assistance and intervention - to provide the safety and justice we have been denied for so many years. When my children and I are safe I would like to use my experiential knowledge and personal research to contribute to safety, security, support and sustainable futures for all children and women. 

Immediate assistance, support and advocacy would be greatly appreciated.

Sincerely,

…

Cc Dorinda Cox, Maria Dimopoulos, Dr Melanie Heenan, Rachel Kayrooz, Andrew O’Keefe, Vanessa Swan, Lisa Wilkinson 


* * *


Remarks to Inaugural Meeting if the National Council to Reduce Violence Against Women and Children http://www.pm.gov.au/media/Speech/2008/speech_0285.cfm (04 June 2008)

Media Release – Member of the National Council to reduce violence against women and children announced. 26/05/2008 http://www.tanyaplibersek.fahcsia.gov.au/internet/tanyaplibersek.nsf/content/nat_council_violence_26may08.htm 

Office for Women- National Council to Reduce Violence Against Women And Children, Terms of Reference http://www.ofw.fahcsia.gov.au/womens_safety_agenda/national_council_reduce_violence.htm 

New Leadership, Fact Sheet- Protection and prevention: Labor’s national plan to reduce violence against women. Found at www.kevin07.com.au 

“Don’t ask, don’t tell – domestic violence” Tanya Plibersek, Australian Labor Party media release, 18th December 2008 www.alp.org.au/media/1205/mswom190.php 

“Prevention and Protection: Federal Labor’s National Plan to Reduce Violence Against Women and Children” Tanya Plibersek - Media Statement – 18th November 2007, www.alp.org.au/media/1107/mswom180.php 

Tanya Plibersek MP, Shadow Minister for Human Services, Housing, Women & Youth, “The Commonwealth’s role in improving the safety of women and children”, NSW Legal Aid, Women’s Domestic Violence Court Assistance Program Annual Conference, Sydney, 2 August 2007.

“Violence taunt triggers demand for apology” Sydney Morning Herald, Thursday 5th June, 2008, p4 by Phillip Coorey, Chief Political Correspondent http://www.smh.com.au/news/national/violence-taunt-triggers-demand-for-apology/2008/06/04/1212258910245.html 
“The Opposition was last night demanding an apology after Minister for the Status of Women,, Tanya Plibersek, questions its attitude towards reducing violence against women when in government.” 
The article goes on to describe as scene in parliament when “During question time, Ms Plibersek lauded yesterday morning’s inaugural meeting of the Government’s National Council to Reduce Violence Against Women and Children. … She caused anger when she said the actions initiated by the Rudd Government were in stark contrast to those of its predecessor. She ribbed Ms Bishop, who held the status of women portfolio in the Howard government for focussing on advertising and publications to tackle the problem.”
The article concludes, “Ms Plibersek said she was not questioning the Coalitions attitude but she would not be doing her job if she did not question how public money was spent.” 
Tanya Plibersek, Julie Bishop and their respective political parties have been contacted and had extensive documentation shared with them over many the years about the plight of Australian children and women trapped overseas by domestic violence and have refused to provide any assistance, support and advocacy or speak publicly about these issues. It is hard to imagine that while they ignore us they do respond to other children and women desperate for safety and protection from violence – but if so why?

* * *

Copied below is an email I sent to Ms Plibersek in August 2005, begging for assistance for my children and myself as Australians trapped overseas by domestic violence and judicial abuse, and the reply I received from Ms Plibersek’s office. Since the 2007 federal election despite now being in government and being the Minister for Women Ms Plibersek is still not available to assist Australian children and women trapped overseas by domestic violence and systemic and judicial abuse use my information to protect others from a similar trauma or respond to the extensive supporting documentation forwarded from Senator Joe Ludwig’s office by his assistant Merritt Foley (the extensive documentation was sent to Senator Ludwig when he was Shadow Attorney General). 

* * *
… 

Dear Ms … 

Thank you for your email to Tanya Plibersek. Tanya has asked me to
respond on her behalf. As your email query refers to issues with the
Canadian justice system and the … Justice Department our
office is not able to assist you. Tanya is an opposition Shadow
Minister. She is not in government and as such cannot intervene in your
case.

We are sorry we are not able to assist you further. 


Pia van de Zandt
Office of Tanya Plibersek MP
Federal Member for Sydney
Shadow Minister for Work and Family
Shadow Minister for Childcare and Youth 
Shadow Minister for Women
Ph: 9357 6366 


-----Original Message-----
From: … 
Sent: Wednesday, 24 August 2005 2:14 PM
To: Plibersek, Tanya (MP); …. 

Subject: Australian women seek safety and justice.




Dear Ms Tanya Plibersek, ….. 


I am contacting you in regards to a personal situation that has
been extremely challenging and traumatic. For the well-being of my three
daughters, who are also Australian citizens, I hope you will be able to
read and respond to this situation with the same sense of urgency that
you would hope for if a situation like this was affecting you or your
family. I am sorry that because of the stress this is causing me I have
not been able to compile and write the accompanying material in as an
articulate and clear fashion as I would have liked and it may not
contain all the information you require to understand this situation.

Previously I contacted Bill Jackson, Australian Consulate,
Ottawa, Department of Foreign Affairs and Kay Hull, MP Riverina, in
regards to this situation (November 1999), and emailed Senator Kay
Patterson, Office of Women and Kay Hull (August 9, 2005). I do not have
enough information to know what if anything was done by the parties I
contacted in 1999 but in response to my recent emails (with the same
information attached as this email) the Office of Women sent me a email
to confirm receipt of my communication - after I had phoned them - but I
have received no further communication from that office. Kay Hull has
emailed me and notified me that she spoke with "the Minister" (I am not
sure who she is referring to) and their response is that there is no
role or responsibility for assistance or intervention on our behalf by
the government.

This response confuses me as I have ample documentation to show
that not only did my former spouse and other Canadian's deliberately
misrepresent information in court to deprive my children and I of our
right to safety and our right to return to Australia, but to also to
show that the … Justice Department and its employees were
involved in misrepresenting information from myself and professionals in regards to our experience
of domestic abuse, for the same reason. Because of our Australian
citizenship we were not able to receive just and impartial treatment in
the …. justice system.

I would appreciate if with your knowledge and experience you
could give me your perspective.

What I want is safety for my children and myself, to give my
daughters a rich and safe childhood such as I experienced in Australia
and to have the opportunity to contribute to my country the way other
members of my family are enjoying.


Thank you for your consideration of this information,
Sincerely,
… 

* * *


When Ms Plibersek responded to my email and informed me that because “my query refers to issues with the Canadian justice system and the … Justice Department our office is not able to assist you” she was aware that the Australian government had been providing assistance and legal funding to Schapelle Corby for over twelve months, the “Bali Nine” for five months and might have already been involved in Labor Party discussions regarding holding the government accountable to “judicial fairness” for David Hicks (who had gone overseas to fight for the Taliban, an organisation that believes in denying girls and women equality and human rights). Certainly the fact that they were “not in government” did not stop members of the Labor Party intervening or expecting the government to intervene in Mr Hick’s case, or prevent Ms Plibersek from making press releases regarding the government and violence against children and women as noted above. 

The above email response (or lack of response) is not consistent with information and assertions in media releases and other public statements from either Ms Plibersek or the Australian Labor Party.

It is not that there aren’t resources or precedents for assisting other Australians experiencing difficulties overseas, from whale and seal hunt protestors to those who set off on other trips known to be equally perilous such as crossing Greenland, from those harmed in the London and Bali bombings to those caught up in the most recent bombing in Lebanon, from paedophiles who choose to travel to Asian countries to sexually assault children to someone who was recently jailed in Indian for accidentally straying across the border from Nepal “but was released after pressure from the Australian government”. 
The men who were jailed in Lebanon after assisting Canadian Melissa Hawarth regain custody of her daughters were also released after pressure form the Australian government. Even a Chinese woman who is in Australia illegally and wanted in her homeland on corruption charges has benefited from the Australian government advocating on her behalf with the Chinese government in regards to her treatment in China’s justice system when she is returned - to those who have given up their Australian citizenship such as Douglas Woods who the government readily and immediately contacted the United Nations to ask for assistance for and spent $10 million rescuing from Iraq.

This year Bob Debus MP, Minister for Home Affairs has worked hard to finalise the prison transfers of Schapelle Corby and some members of the “Bali Nine” (See ABC online article “AM – Further talks on prison transfer treaty with Indonesia” by Lindy Kerin www.abc.net.au/am/content/2008/s2177656.htm , Herald Sun article “Prison deal could bring Schapelle Corby home” by Garry Linnell, March 03,2008 – “Schapelle Corby’s hopes of coming home to serve out her 20-year sentence have been dramatically boosted by talks between the Government and Indonesia- … and AAP article “Academic says Corby prison deal difficult” 3rd March 2008). These and other articles document the concern, compassion, resources and advocacy for convicted drug traffickers, (for whom the government has already provided consular assistance and legal funding) from the present and previous governments, mentioning efforts by Alexander Downer, former Minister for Foreign Affairs, Philip Ruddock former Attorney-General and most recently Bob Debus current Minister for Home Affairs, who is credited with finalising these prison transfer deals. But for Australian children and women trapped overseas (not because they were convicted of a crime but because they are victims of a crime that is ignored) by domestic violence and systemic and judicial abuse there is no compassion, no care and concern, no resources, no consular assistance and no legal funding – no one engages in any discussions at any level to try and ensure that we get to come home and be close to family as has been the concern expressed for convicted drug smugglers!

Ministerial Accountability, Domestic Violence & the National Council to Reduce Violence Against Women and Children

National Council to Reduce Violence Against Women and Children 
The letter copied below and supporting information mailed to National Council to Reduce Violence Against Women and Children members as noted, Tuesday 3rd June 2008, (some Council members and/or their organisations had already been directly approached begging for assistance and support and had not been available or for whatever reason chosen not to support or assist us or use my information to protect others from a similar traumatic experience). No response as yet. 

How do I and other women who have experienced violence and are desperately trying to gain safety, security and support for their children and themselves understand the lack of response and the ethical gap between what is said and what is done (or not done) in regards to violence against children and women. If no member of the newly announced National Council to Reduce Violence Against Women and Children is compassionate enough or available to even respond to communication from women and mothers desperate for safety and security for their children and themselves what does this mean about the Council, and the environment, mandate, safety, integrity, ethics, or opportunity for any change to the lived reality of violence experienced by children and women?

* * *


Heather Nancarrow
…

Re: National Council to Reduce Violence Against Women and Children, and Australian Children and Women Trapped Overseas by Domestic Violence and Systemic and Judicial Abuse.

Dear Ms Nancarrow,

Congratulations on your appointment as Deputy Chair to the newly announced National Council to Reduce Violence Against Women and Children (as per Australian Government media release 26th May 2008).

I am contacting you to beg for your and the council’s assistance for Australian children and women trapped overseas by domestic violence and systemic and judicial abuse. 

Information regarding my attempts to obtain safety, security and support for us and deal with the problems encountered in a foreign justice system where justice department employees misrepresent in court information from professionals regarding immigrant women and their children’s experience of domestic abuse can be found on the online resource I created in the form of a blog www.womenwhowant2gohome.blogspot.com (see posts “The Perils of Indifference…”, “Dear Mr Prime Minister …”, “A letter to our new prime minister …”, “Waiting and hoping …” and “Further out of view … further out of mind …”). Extensive documentation has been supplied to numerous government departments, politicians and advocacy organisations over many years in efforts to obtain support and assistance. The Prime Minister Kevin Rudd, Tanya Plibersek MP and Maxine McKew MP are a few of the people who have received that documentation and would be able to supply you with copies of that information.

The implications for children and women when there is an “ethical gap” between what is said and what is actually done for children and women who have experienced domestic and family violence are very concerning. Despite begging for assistance from many who say they care about these issues (see post “The Perils of Indifference … ) we have been ignored or excuses found not to assist us - despite the willingness to intervene on behalf of David Hicks, Schapelle Corby, the “Bali Nine”, Canadian seal hunt protestors, whales, the last asylum seekers on Nauru, and most recently a Chinese asylum seeker accused of corruption in her homeland. 

This situation has been so traumatic that my eldest daughter attempted suicide and I still cannot get any assistance. I am extremely concerned for my children’s welfare, wellbeing and safety, my wellbeing and safety, the wellbeing and safety of the other Australian woman and her children mentioned in my online resource, all other children and women in this traumatic situation, concerned about security of my information and documents and personal possessions still in Canada and desperate for immediate intervention and assistance for all of us.

A guest speaker at the “Towards Better Practice: Enhancing collaboration between women’s mental health services and domestic violence services” seminar, hosted by Sydney University Faculty of Education and Social Work, (proceedings posted at the Australian Domestic and Family Violence Clearinghouse website) informed me that “female politicians will not speak up about these issues for fear of backlash” and that “the government will not do anything unless the media embarrasses them into it”. I am hoping that with the formation of this new council there are safer, more supportive and more immediate options now available to women and children who have experienced violence.

There are members of your council and the previous and present governments who have been aware of our and other similar situations for more than twelve months and for whatever reason have not been willing or available to provide us assistance, support or advocacy or to use my information to prevent other Australians from a similar traumatic experience. Hopefully the newly formed National Council to Reduce Violence Against Women and Children will make it safe for all involved to speak up and work together for children’s and women’s immediate safety. My priority is for my children and I and the other Australian mother and children mentioned in my online resource to be safely home in Australia with our families immediately, and for others in similar traumatic circumstances, who are unknown to me, to also receive immediate assistance and intervention - to provide the safety and justice we have been denied for so many years. When my children and I are safe I would like to use my experiential knowledge and personal research to contribute to safety, security, support and sustainable futures for all children and women. 

Immediate assistance, support and advocacy would be greatly appreciated.

Sincerely,

…

Cc Dorinda Cox, Maria Dimopoulos, Dr Melanie Heenan, Rachel Kayrooz, Andrew O’Keefe, Vanessa Swan, Lisa Wilkinson 


* * *


Remarks to Inaugural Meeting if the National Council to Reduce Violence Against Women and Children http://www.pm.gov.au/media/Speech/2008/speech_0285.cfm (04 June 2008)

Media Release – Member of the National Council to reduce violence against women and children announced. 26/05/2008 http://www.tanyaplibersek.fahcsia.gov.au/internet/tanyaplibersek.nsf/content/nat_council_violence_26may08.htm 

Office for Women- National Council to Reduce Violence Against Women And Children, Terms of Reference http://www.ofw.fahcsia.gov.au/womens_safety_agenda/national_council_reduce_violence.htm 

New Leadership, Fact Sheet- Protection and prevention: Labor’s national plan to reduce violence against women. Found at www.kevin07.com.au 

“Don’t ask, don’t tell – domestic violence” Tanya Plibersek, Australian Labor Party media release, 18th December 2008 www.alp.org.au/media/1205/mswom190.php 

“Prevention and Protection: Federal Labor’s National Plan to Reduce Violence Against Women and Children” Tanya Plibersek - Media Statement – 18th November 2007, www.alp.org.au/media/1107/mswom180.php 

Tanya Plibersek MP, Shadow Minister for Human Services, Housing, Women & Youth, “The Commonwealth’s role in improving the safety of women and children”, NSW Legal Aid, Women’s Domestic Violence Court Assistance Program Annual Conference, Sydney, 2 August 2007.

“Violence taunt triggers demand for apology” Sydney Morning Herald, Thursday 5th June, 2008, p4 by Phillip Coorey, Chief Political Correspondent http://www.smh.com.au/news/national/violence-taunt-triggers-demand-for-apology/2008/06/04/1212258910245.html 
“The Opposition was last night demanding an apology after Minister for the Status of Women,, Tanya Plibersek, questions its attitude towards reducing violence against women when in government.” 
The article goes on to describe as scene in parliament when “During question time, Ms Plibersek lauded yesterday morning’s inaugural meeting of the Government’s National Council to Reduce Violence Against Women and Children. … She caused anger when she said the actions initiated by the Rudd Government were in stark contrast to those of its predecessor. She ribbed Ms Bishop, who held the status of women portfolio in the Howard government for focussing on advertising and publications to tackle the problem.”
The article concludes, “Ms Plibersek said she was not questioning the Coalitions attitude but she would not be doing her job if she did not question how public money was spent.” 
Tanya Plibersek, Julie Bishop and their respective political parties have been contacted and had extensive documentation shared with them over many the years about the plight of Australian children and women trapped overseas by domestic violence and have refused to provide any assistance, support and advocacy or speak publicly about these issues. It is hard to imagine that while they ignore us they do respond to other children and women desperate for safety and protection from violence – but if so why?

* * *

Copied below is an email I sent to Ms Plibersek in August 2005, begging for assistance for my children and myself as Australians trapped overseas by domestic violence and judicial abuse, and the reply I received from Ms Plibersek’s office. Since the 2007 federal election despite now being in government and being the Minister for Women Ms Plibersek is still not available to assist Australian children and women trapped overseas by domestic violence and systemic and judicial abuse use my information to protect others from a similar trauma or respond to the extensive supporting documentation forwarded from Senator Joe Ludwig’s office by his assistant Merritt Foley (the extensive documentation was sent to Senator Ludwig when he was Shadow Attorney General). 

* * *
… 

Dear Ms … 

Thank you for your email to Tanya Plibersek. Tanya has asked me to
respond on her behalf. As your email query refers to issues with the
Canadian justice system and the … Justice Department our
office is not able to assist you. Tanya is an opposition Shadow
Minister. She is not in government and as such cannot intervene in your
case.

We are sorry we are not able to assist you further. 


Pia van de Zandt
Office of Tanya Plibersek MP
Federal Member for Sydney
Shadow Minister for Work and Family
Shadow Minister for Childcare and Youth 
Shadow Minister for Women
Ph: 9357 6366 


-----Original Message-----
From: … 
Sent: Wednesday, 24 August 2005 2:14 PM
To: Plibersek, Tanya (MP); …. 

Subject: Australian women seek safety and justice.




Dear Ms Tanya Plibersek, ….. 


I am contacting you in regards to a personal situation that has
been extremely challenging and traumatic. For the well-being of my three
daughters, who are also Australian citizens, I hope you will be able to
read and respond to this situation with the same sense of urgency that
you would hope for if a situation like this was affecting you or your
family. I am sorry that because of the stress this is causing me I have
not been able to compile and write the accompanying material in as an
articulate and clear fashion as I would have liked and it may not
contain all the information you require to understand this situation.

Previously I contacted Bill Jackson, Australian Consulate,
Ottawa, Department of Foreign Affairs and Kay Hull, MP Riverina, in
regards to this situation (November 1999), and emailed Senator Kay
Patterson, Office of Women and Kay Hull (August 9, 2005). I do not have
enough information to know what if anything was done by the parties I
contacted in 1999 but in response to my recent emails (with the same
information attached as this email) the Office of Women sent me a email
to confirm receipt of my communication - after I had phoned them - but I
have received no further communication from that office. Kay Hull has
emailed me and notified me that she spoke with "the Minister" (I am not
sure who she is referring to) and their response is that there is no
role or responsibility for assistance or intervention on our behalf by
the government.

This response confuses me as I have ample documentation to show
that not only did my former spouse and other Canadian's deliberately
misrepresent information in court to deprive my children and I of our
right to safety and our right to return to Australia, but to also to
show that the … Justice Department and its employees were
involved in misrepresenting information from myself and professionals in regards to our experience
of domestic abuse, for the same reason. Because of our Australian
citizenship we were not able to receive just and impartial treatment in
the …. justice system.

I would appreciate if with your knowledge and experience you
could give me your perspective.

What I want is safety for my children and myself, to give my
daughters a rich and safe childhood such as I experienced in Australia
and to have the opportunity to contribute to my country the way other
members of my family are enjoying.


Thank you for your consideration of this information,
Sincerely,
… 

* * *


When Ms Plibersek responded to my email and informed me that because “my query refers to issues with the Canadian justice system and the … Justice Department our office is not able to assist you” she was aware that the Australian government had been providing assistance and legal funding to Schapelle Corby for over twelve months, the “Bali Nine” for five months and might have already been involved in Labor Party discussions regarding holding the government accountable to “judicial fairness” for David Hicks (who had gone overseas to fight for the Taliban, an organisation that believes in denying girls and women equality and human rights). Certainly the fact that they were “not in government” did not stop members of the Labor Party intervening or expecting the government to intervene in Mr Hick’s case, or prevent Ms Plibersek from making press releases regarding the government and violence against children and women as noted above. 

The above email response (or lack of response) is not consistent with information and assertions in media releases and other public statements from either Ms Plibersek or the Australian Labor Party.

It is not that there aren’t resources or precedents for assisting other Australians experiencing difficulties overseas, from whale and seal hunt protestors to those who set off on other trips known to be equally perilous such as crossing Greenland, from those harmed in the London and Bali bombings to those caught up in the most recent bombing in Lebanon, from paedophiles who choose to travel to Asian countries to sexually assault children to someone who was recently jailed in Indian for accidentally straying across the border from Nepal “but was released after pressure from the Australian government”. 
The men who were jailed in Lebanon after assisting Canadian Melissa Hawarth regain custody of her daughters were also released after pressure form the Australian government. Even a Chinese woman who is in Australia illegally and wanted in her homeland on corruption charges has benefited from the Australian government advocating on her behalf with the Chinese government in regards to her treatment in China’s justice system when she is returned - to those who have given up their Australian citizenship such as Douglas Woods who the government readily and immediately contacted the United Nations to ask for assistance for and spent $10 million rescuing from Iraq.

This year Bob Debus MP, Minister for Home Affairs has worked hard to finalise the prison transfers of Schapelle Corby and some members of the “Bali Nine” (See ABC online article “AM – Further talks on prison transfer treaty with Indonesia” by Lindy Kerin www.abc.net.au/am/content/2008/s2177656.htm , Herald Sun article “Prison deal could bring Schapelle Corby home” by Garry Linnell, March 03,2008 – “Schapelle Corby’s hopes of coming home to serve out her 20-year sentence have been dramatically boosted by talks between the Government and Indonesia- … and AAP article “Academic says Corby prison deal difficult” 3rd March 2008). These and other articles document the concern, compassion, resources and advocacy for convicted drug traffickers, (for whom the government has already provided consular assistance and legal funding) from the present and previous governments, mentioning efforts by Alexander Downer, former Minister for Foreign Affairs, Philip Ruddock former Attorney-General and most recently Bob Debus current Minister for Home Affairs, who is credited with finalising these prison transfer deals. But for Australian children and women trapped overseas (not because they were convicted of a crime but because they are victims of a crime that is ignored) by domestic violence and systemic and judicial abuse there is no compassion, no care and concern, no resources, no consular assistance and no legal funding – no one engages in any discussions at any level to try and ensure that we get to come home and be close to family as has been the concern expressed for convicted drug smugglers!