Having a system as described where parents with evidence of abuse can't protect their kids from abusers seems absolutely unacceptable. Patching over that with the current unfair assumptions about men vs. women as suitable parents isn't better!
Hard to know at this point if the problem is with specific judges, with the way the law is written, or if the presentation of these experiences are made to seem more numerous by the way the article presents the story. It also didn't cover instances of abuse coming from mothers, so there's at least a little bias in the story.