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Misunderstanding the Family Law : Comments
By Barbara Biggs, published 4/2/2010Despite the recommendations, A-G Robert McClelland has flagged that he is reluctant to change the shared parenting laws.
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That's good, because it wasn't antiseptic who made that remark.
Dream On:"If I am correct as above and you can accept that in some cases, financial responsibility should be enforced against some fathers but custody ought be declined, then why is it that you wave the flag one way or another?"
But I don't accept that. As the law stands at present, a mother can behave abominably, she can lie to the court, threaten her children with abandonment, make false allegations of the worst sort against the father of her children and the Court will still award her sole and exclusive custody.
If a mother goes out of her way to prevent her children from having contact with the father then his financial responsibility must come to an end. The Court in these cases often advises the father to "move on", but how is he to do that if he is financially shackled to a family he is not allowed to have anything to do with?
My view is that the child support act encourages this sort of misbehaviour from mothers because it links the time in care with a financial outcome: more time in her care means he has to pay her more. For some women, that is sufficient incentive to interfere with his time with the kids. It's s zero-sum game, after all: if she gets more, he has to survive on less, so she "wins" all 'round.
Far better to get rid of the ideologically based CS law and replace it with a levy on all taxpayers. Children are a common good not just a private joy and we already spend a huge amount of money on the CSA, mostly to administer collections from the 70% of CSA-collect "paying parents" who are unemployed. We also spend billions annually in the form of courts to oversee the process and the collateral damage that it causes. Get rid of the whole mess and start again if you're serious about reducing conflict within separated families.