Allegations of Sexual Abuse in NZ

False Allegations - Index

Cases - 2006




Sunday Star Times
September 17 2006

Custody battle finally over for mum
by Ruth Hill

A mother is angry she lost most of the first year of her young son's life after being wrongly suspected of harming him to gain attention for herself.

It took a prolonged Family Court battle for the woman to prove she did not have Munchausen's syndrome by proxy (MSBP) - and to regain custody of her son.

Now she and her husband want an apology from CYF. The Wellington couple, who cannot be identified for legal reasons, felt powerless during the long fight for their child. "I felt like all fingers were pointed at us," said the father.

Their baby was just nine weeks old when he was taken into care by CYF last December. He suffered repeated choking attacks (apnoea ) and, when hospital doctors suggested there was no physical reason for the apnoea, suspicion fell on his mother.

She and her husband had lost their first son to suspected cot death following a respiratory virus a year earlier. He had also needed to be revived a number of times before his death, aged five months. The coroner's file into the November 2004 death remains open.

His parents were devastated by his death but their grief began to lift when she became pregnant again. Their second son was born last October.

When he was a month old, he suddenly stopped breathing while his mother was changing his nappy. She revived him and he was admitted to hospital where he continued to have choking attacks over the next couple of weeks.

But without warning, the mother was banned from the hospital and CYF obtained a "place of safety warrant", giving it control of the baby's care.

It came as a "complete shock" to learn their paediatrician had reported them to CYF saying there was no apparent medical reason for the baby's attacks and that the mother had been alone with the baby "for a significant period of time". That decision was backed by another paediatrician, who reviewed both babies' medical files for police.

"They never let on that I was under suspicion," the mother said.

She was suspected of having MSBP, a mental disorder in which caregivers induce symptoms in their children to gain attention. In early December, the baby was discharged to a foster family. His parents were allowed three three- hour visits a week, usually in an office.

The couple continued to fight to have their baby returned and, in March, an Australasian forensic paediatrician reviewed the medical files for the court and concluded there was no evidence the mother had harmed either of her children.

He said their older son may have died from a respiratory virus. The baby and his father were subsequently diagnosed with sleep apnoea - a condition in which they can suddenly stop breathing in their sleep.

However, the medical evidence was not enough to persuade CYF to drop its bid for custody and the battle went to court in July.

The mother agreed to undergo psychosocial assessment and a psychiatrist found no evidence of any mental illness - including MSBP - or voiced any concerns about her parenting ability.

Following the six-day Family Court hearing, Judge Bernard Kendall said he believed they were "a strong and committed young couple". He declined CYF's custody application.

The couple's son finally came home in August. They say he shows no long- term effects from the months of separation.

And now they're looking forward to the birth of another child next month.

"I'd rather have sleepless nights because of crying babies than lying awake wondering what's happening to my son. We lost all those months of our baby's life that we can never have back," the father said.

"We understand that CYF has a job to do and they have to act on complaints. But it's the way in which we were treated that's the upsetting thing," said the mother.

Australian anti-MSBP campaigner Michael Nott says it is "almost impossible" for women who are falsely accused to clear their names.

The man who coined the term MSBP, Sir Roy Meadow, claimed "one cot death is a tragedy, two is suspicious and three is murder". He was struck off by the British General Medical Council last July for serious professional misconduct over his evidence in three high-profile cases involving women who were subsequently cleared of charges of murdering their babies.

The clinical director of the Auckland regional forensic psychiatry service, Dr Sandy Simpson, who has given evidence in several cases involving MSBP, said it was regarded as being "a rare form of child abuse" rather than a mental illness.

While clinicians had to be vigilant against child abuse, there was "international evidence of over-diagnosis".

"If you get it wrong, you risk exposing children to abuse, or disrupting their relationships with key people in their lives.

"In situations like this, you are juggling competing risks all the time ... it's a minefield."