| 935883) |
|
Quincy  |
| quincyglenn776(at)gmail.com |
Ort: Terneuzen |
|
The Judges confirmed that this should not be the case and the evidence from the victim spouse does not require corroboration with an expert before if can be accepted.
Where domestic violence occurs in a family it frequently occurs in circumstances where there are no witnesses other than the parties to the marriage, and possibly their children. We cannot accept that a court could never make a positive finding that such violence occurred without there being corroborative evidence from a third party or a document or an admission. We have not been referred to any authority in support of such a proposition. The Full Court determined that the focus in matters of family violence should be on the "discernible impact" of the family violence rather than any lack of evidence allowing "quantification" of the impact.
However, the Full Court could not make a conclusive decision that the trial Judge decision not to make a "Kennon" type adjustment was wrong due to the absence of a transcript in that matter.
|