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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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One of the surest signs of the breed is their inability to see past their nose, often because it's stuck firmly in a trough. Barbara has a lovely trough; she made it herself and she's very busy ensuring it's kept nice and full. The last thing she really wants is for the shared parenting laws to be significantly rewritten, since her trough is constructed and filled from their scraps.
The 3 reports, collectively, found no serious failings in the current system, but quite a few procedural concerns about the way in which those associated with the Family Court implemented it, especially lawyers. Here's a tip: have a look at the Parkinson Report, which informed the current laws - it found that lawyers were the biggest problem with the old system as well.
Diana Bryant, the CJ of the Court, has made it clear that she also believes people appearing before the Court are being badly served by their lawyers and has called for greater powers for the Court to examine claims of violence raised during early phases of a matter, which are then dropped when orders are sought.
What the reports said, in a nutshell, is that 80% of people (mothers, fathers and children) who had shared care orders were satisfied with the arrangement. They said that the rate of self-reported "violence" (including arguments over care) within those families with shared care was less than 5% over the past 3 years, which is about the same as community levels and significantly lower than the rate when primaty care is handed to a single mother
http://www.aihw.gov.au/publications/cws/35/10859.pdf.
For once, I'm in agreement with McLelland - what is needed is less heat and more light. Barbara and her fellow milkers of other people's misery could best assist by getting a real job.