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The Forum > Article Comments > Family Law Amendments will make welfare of children the primary concern > Comments

Family Law Amendments will make welfare of children the primary concern : Comments

By Shayne Neumann, published 17/11/2010

The Howard government changes to the Family Law act in 2006 got it wrong.

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Pied Piper,
It is totally to do with gender.

A father can readily get 80/20 with no questions asked.

If he wants more than 80/20, he will have to have a very deep pocket and spend years in the court system.

Why?

Because if he wants more than 80/20, it could reduce her child support payments.

Also, statistically the natural father is a very minimal risk to a child. Far greater risks are traffic acidents, suicide and accidental drownings.

I have not heard of the Labor party implimenting any programs to reduce traffic acidents, suicide or accidental drownings of children or young people.

Seems very suspicious.
Posted by vanna, Thursday, 18 November 2010 10:24:07 AM
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My Blueprint to contain the entirely unnecessary destructive interference by legal representatives and the system to exploit the vulnerabilities and extort the financial assets of divorcing parents.

ABUSE/VIOLENCE - Exclusive domain of the criminal system and the police force. Unless convicted each party is assumed innocent for the purposes of custody/access considerations.

FAMILY ASSETS - 50/50 split in all instances unless otherwise agreed by both parties. Assets brought into the marriage to vest in a straight line over a 10 year period.

CUSTODY - default position is 50/50 split of custody except by consensual agreement or where a criminal conviction or mental competancy assessment precludes this.

MAINTENANCE - This remains a tricky issue. However there should be no maintenance considerations where custody is a 50/50 split. Parties should be encouraged to determine their own suitable arrangements.

This would isolate contention to those situations where there is a primary custodial parent and a non custodial or part-time parent.
This indeed is a most difficult area and where the parties concerned are most vulnerable.

Calculations should be based on the assumption that the custodial parent is capable of obtaining and sustaining work for atleast 20 hours a week. But the number of dependents, their ages and the living conditions all need to be taken into account. Arbitrary Schedules will be necessary but access to mediation over a 2 year establishment period is critical to ensure those schedules are fair and understood by all concerned.
Posted by YEBIGA, Thursday, 18 November 2010 1:53:32 PM
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You are probably right R0bert, my experience to date tells me everyone smells. I have seen the results of men, women, other children, whole departments, caseplans etc abusing a child. I don’t care who wins the stat war and takes away the child abuse crown.

What the gender droning argument does is smother everything else. It bugs me no end.

Skeptic:”The novel principle would have meant that if the child was to become a weapon, emotional or financial, at the mercy of a spouse, the child would have been taken away in an arranged accommodation at equal expense to both parents.”

Yuck and looks more like using the child as a weapon against the parents. Do attachment issues or the outright terror of the child being taken away from a parent come into that novel approach?

YEBIGA I like most of it but 50/50 custody doesn’t work unless both parents stay within usually the same school district and don’t remarry and have more children, step-children. And each is only allowed half a career? Unless throwing them at babysitters which kind of defeats the whole purpose. I really think a child is happier with one main home and visits to another.

Hey benk.. yep there is stuff from one google search, and a lot more wanted me to buy research - which I didn’t. :)

http://www.mja.com.au/public/issues/186_04_190207/saw10752_fm.html

http://www.aifs.gov.au/nch/pubs/issues/issues26/issues26.html

http://www.childtrends.org/files/fosterhomesRB.pdf

http://www.law.virginia.edu/html/news/2003_fall/skadden_stocco.htm

http://www.abc.net.au/worldtoday/content/2010/s2941023.htm?site=perth

http://ideas.repec.org/a/eee/cysrev/v30y2008i9p1081-1087.html

http://www.papermasters.com/problems-facing-children-foster-care.html

http://psychrights.org/Research/Digest/CriticalThinkRxCites/JonesHarden2004.pdf

http://findarticles.com/p/articles/mi_qa3892/is_200805/ai_n27900730/

http://www.chapinhall.org/sites/default/files/publications/152.pdf
Posted by The Pied Piper, Thursday, 18 November 2010 2:09:45 PM
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vanna "I have not heard of the Labor party implimenting any programs to reduce traffic acidents, suicide or accidental drownings of children or young people."

Much though I don't like the ALP I don't think that your comment is at all fair. I don't always agree with their solutions but they do work in all these area's. Like other parties they don't always get it right but that's a different issue.

YEBIGA, those assumtions would be a great starting place.
There will still be other legitimate considerations to deal with but as a starting place it would cover the vast bulk of situations.

One other issue which springs to mind would be a parent needing to relocate and sometimes that may be a necessity (eg just can't afford to rent/buy in reasonable proximity to where the family with one home and two incomes lived).

R0bert
Posted by R0bert, Thursday, 18 November 2010 3:20:38 PM
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Robert,
No special programs have been put into place by the Labor party to reduce what are the most serious risks to children.

Instead, they seek a return to the bad old days of "When In Doubt, Lock Him Out".

This is the system used by police if called to a domestic dispute. He automatically gets locked out and removed from the house and the children, even he was not guilty.

If there is any allogation of abuse by the father, the family court will automatically award custody to the mother, eeven if the allogations are not substainiated or not found true.

The Family Law court was installed under Labor, and has grown to be the most corrupt, unreliable, feminist and distrusted law system in Australia's history.

If
Posted by vanna, Thursday, 18 November 2010 6:47:47 PM
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For an alleged feminist court system there is a hell of a lot of women claiming to be unhappy with it. Devious lying cows, they’re obviously up to something.

If you are a police officer and you show up at a domestic dispute where the woman is saying she was just attacked by the male… what would you do? Usher the man back into the house? What if it is the solo mummies boyfriend at solo mummies house? Shouldn’t we let him stay too cause Innocent Until Proven Guilty?

Should the police take the woman maybe? Or the children? Or kick everyone out and tell them to all walk in different directions.

You’re actually quite scary Vanna.

I saw a man a couple of months ago smacking his partner around in front of their young kids on my street, police called... several people came forward and told the police that they all saw it. You know what the police did?

Nothing!

The woman wouldn’t complain – who cares if she just got a beating and is standing there all marked up. They did mention they would tell DoCS. Why? They didn’t do anything since she shut her trap so why tell DoCS?

So yeah Vanna women do lie and sometimes it works out just dandy for the men don’t it.
Posted by The Pied Piper, Thursday, 18 November 2010 7:22:18 PM
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