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The Forum > Article Comments > Safety first in family law is long overdue > Comments

Safety first in family law is long overdue : Comments

By Elspeth McInnes, published 16/11/2010

Proposed changes to Australia’s Family Law Act will better support children’s safety.

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I've got this cotter sussed...

Mother goes into regular but unpredictable blind rage screaming for hours and slamming every door in the house with all her might, threatening suicide if she doesn't get her way and crying hysterically; Poor woman needs some help around the house and a mental health check. She has 'a right to be angry', 'a legitimate human emotion'.

Father gets angry and shouts at his wife in an argument; Classic Domestic violence, early signs of pathological abuse. Will be certain to lead to physical abuse so must never be given access to his kids.
Posted by Houellebecq, Wednesday, 24 November 2010 4:15:22 PM
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Cotter gives an example of what happened to one of her clients, but it is not possible to extrapolate that to other peoples experiences.

During my life time, I have known of only two people to be murdered, one was male who was stabbed, and another female who was strangled. Neither of them were personal friends, and I only knew of them through friends.

We live in a country where a woman can admit to committing murder and still be found innocent.

So Cotter in your case were drugs and or alcohol involved?
Posted by JamesH, Wednesday, 24 November 2010 7:25:10 PM
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<I've known women who admit they deliberately provoke men into anger to force them to communicate in more emotive terms. They need the reassurance the guy cares so they push as many buttons as they can. Then when he shouts or reacts angrily, he's an abusive brut?>

Houellebecq

I will second that, plus I have also experienced it and it is not pleasant to be manipulated that way.
Posted by JamesH, Wednesday, 24 November 2010 7:33:19 PM
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Houllebecq : "Why don't we then take all children into state custody if their parents ever shout". - your callous sadistic comments were in regard to children who have been killed. Killing a child is a long way from shouting at a partner or a child.

Pied Piper : "I don’t think anyone here is advocating violent men get time with their children. I hope even the mens groups would never help a known and proven violent male near a child – I would certainly rather see them fatherless."
Then you are totally out of step with the Father's Rights groups who have consistently supported Court decisions to award contact and custody to convicted paedophiles, and child sex abusers. By opposing the changes to the law, you are supporting violent men getting time with their children - thats why the law is being changed to prevent that.

RObert : "what protections do you think should be put in place while investigations are underway to avoid unproven allegations impacting on long term outcomes?" - Such decisions should always err on the side of protecting children.

RObert - "Just how will you differentiate between out of character behaviors during the stress of the end of a relationship and long term behaviors?." - It is the long term behaviours which will be investigated, using findings of other Courts re:DV.
Don't you just get sick of the pathetic and tiresome excuses for violent behaviour - "I was under stress M'Lud!." - "It was the drink, M'Lud". "I was provoked M'Lud!." "The boss sacked me so I went home and took it out on the wife and kids!". NOTHING is "Out of character or "a momentary lapse". Thats the way you are! - Face it.
Take responsibility for your bad behaviours.
Posted by ChazP, Wednesday, 24 November 2010 7:50:23 PM
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Cotter get outta here. You know you get slammed here if you get into your own personal experiences that are bad and suggest a male ever did something wrong. Where was your head at?

“I will second that, plus I have also experienced it and it is not pleasant to be manipulated that way.”

The boys are on fire tonight.

This not along the lines of she made me beat her is it? No? Good good then, nuff said.

“We live in a country where a woman can admit to committing murder and still be found innocent.”

Could this be explained more fully, just in case I have future plans?

James during my time I have had a lot of children in my care. I happily blame all adults involved from abusive parents to abusive departments not investigating to abusive NGO’s being funded for generations to abusive services that benefit from the children being in care.

But I’d like to know why there aren’t more male caseworkers, is it cause they wanted to go work in the mines instead?
Posted by The Pied Piper, Wednesday, 24 November 2010 8:00:25 PM
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JamesH = "However there is a solution and that is shared care, if care was shared, then the custodial parent would be more able to find paid employment."

"Four years after their parents' mediation, the children were asked if they were content with their current living arrangments. Twenty-seven per cent of children (n = 26/89) in a primary parent arrangement wanted to change their living arrangement in some way, compared to 44% (25/57) of children in shared or equal care. One third (33%) of children in shared care wanted to see more of their mothers, and 10% wanted to see more of their fathers. Eighteen per cent of children in primary parent arrangements wanted to see more of their fathers, and 12% more of their mothers. Of the children who had continuously shared care over 4 years, 45% (n=15/33) wished to change the arrangement, with all but one wanting to spend more time with their mother.
While fathers remained very satisfied with shared parenting arrangements, children more often wished to change them" pp. 395 - 396.

That's 44% (changing patterns) and 45% (continuous) of kids in shared care were NOT happy and wanted to change. This shows that shared care is not working for these kids and that 33% and 93% (14/15) of them are missing their Mums.

Note, the reference to fathers, despite their children's unhappiness at the arrangements, still report they themselves as extremely satisfied.
McIntosh, J. E., 2009, 'Legislating for Shared Parenting: Exploring some underlying Assumptions', Family Court Review, Vol. 47, No. 3, pp. 389 - 400
So `Shared Care' is working well for fathers, but not for kids. Could it be because it has become such an easy way to evade paying child support?.
Posted by ChazP, Wednesday, 24 November 2010 8:10:52 PM
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