Avigail’s Australian history (Part 1)

In 2002, Australian Family Court Justice O’Ryan wrote: “I am firmly of the view that the child (‘A’) should spend as much time as practicable in the care of the husband”. Adding that if it were not for the amount of time that Avigail had previously spent caring for ‘A’, he “would have no hesitation in ordering that the child reside primarily with the husband”. There was no evidence put forward that Jeff Schubert (‘A’s father) was violent. However, O’Ryan said that Avigail admitted slapping Jeff twice on the face — in the presence of her older sister from Jeff’s first marriage — on 27 August 1999 and calling the police to claim that he had assaulted her. Jeff was arrested and the older sister (then aged 12) was left alone for the night with Avigail (and the younger ‘A’). When, on another occasion Avigail slapped Jeff and then called the police to claim that he had hit her, the older sister told the police what had really happened, and after that the local police refused to believe any of Avigail’s accusations. Avigail also admitted hitting Jeff at a child change-over on 5 February 2000. Psychiatrist Dr. Qadrio, writing the “family report” said that the older child’s fear of Avigail “tends to confirm her account of Avigail being violent”. A second Family Court case in 2005 led to a different result.

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