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The Forum > Article Comments > Mischief in the Family Law Act > Comments

Mischief in the Family Law Act : Comments

By Patricia Merkin, published 30/6/2011

Broadening the definition of domestic violence will ensure children's safety.

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Rhys Jones-
May I say “millions of fathers out there” are not the fathers that end up in the court. Father’s rights groups, as much as they may believe themselves to and like to think so, do not represent those millions of father’s out there. Consequently, changing the Family Law Act is irrelevant to “millions of fathers out there” and to most, any changes to the FLA is not an issue. The fathers that care about changing the FLA are mostly those that end up in the court. Of these, some are good dads, but some clearly are not. In fact, some have killed their children after they were not recognised as a risk to their children.
Why do the fathers’ rights groups oppose these protective measures for children? The only rational explanation could be because some have experienced being accused. If there were accusations of abuse, the only parents that will have to be concerned are those that have actually used abuse over the history of the relationship. If they did not, there is no corroboration. If they did use abuse during the relationship, it is no surprise to me that they will deny their own use of abuse and want to maintain a narrow definition of domestic violence
Posted by happy, Monday, 4 July 2011 8:39:36 PM
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Furthermore, domestic violence involves different types of tactics. Sometimes it will be physically manifested with pushes, hits, actual bodily contact that may or may not leave marks. More often, verbal abuse is engaged with use of words tailored in attempts to intimidate, humiliate, personally denigrate and/or threaten the other person. Take care Rhys, some may consider that your post engages with this type of verbal abuse. You verbally belittled me by stating that I am “biased” and that I have a “jaundiced view” with nothing other than my disagreement with your position. These comments are personal attacks. Some people believe, and I agree, when there is no better counter argument, personal attacks may be implemented as the only response because there is nothing else left. Verbal attacks do harm, and the law recognises the harm words can inflict- for instance, defamation law. It may look like you are familiar with using words in an abusive manner. Please try to confine yourself to arguments that are devoid of emotional content that could be perceived as verbal abuse. It is difficult to hold credible positions when words that can be seen to be personal attacks are used. Moreover, when defending these groups, perhaps avoiding the types of behaviours they are accused of will strengthen your position, rather than expose you to incongruity in their defense.
The writer.
Posted by happy, Monday, 4 July 2011 8:43:42 PM
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You stole my thunder, happy.

>> There are millions of fathers out there who love and care for their children. <<

These men are part of the majority of 80% of parents who manage to separate and arrange the best for their children.

This leave 20% who wind up in the Family Court system, 13% of cases are settled leaving 7% where parents are unable to arrange any form of agreement.

Listening to the usual complainants regarding custody issues on OLO, one could get the impression that a conspiracy of vengeful women are in control of the court system, police department, hospitals, schools and any institution which involves children.

Women barely represent 30% of leaders in public service and far less in private law firms.

As has been stated again and again, child custody must be in the best interest of the child - it is not about winning or losing. The non-custodial parent has emotional responsibilities as well as financial. That most of the 20% that wind up in the courts tend to give child custody to women is more a reflection of a traditional culture that sees women as primary carers. If men are to take their place as responsible parents, denigrating all women is not going to impress any court judge, male or female.
Posted by Ammonite, Tuesday, 5 July 2011 8:58:39 AM
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I'd refer those trying to understand the false assumptions behind much of this stuff to Jennifer Wilson's excellent article at http://www.onlineopinion.com.au/view.asp?article=12275

R0bert
Posted by R0bert, Tuesday, 5 July 2011 9:11:57 AM
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Children and domestic and family violence- Why the proposed changes are urgently necessary.
Almost one in four children in Australia have witnessed violence against their mothers or stepmothers (Crime Research Centre and Donovan Research, 2001, from National Plan Background Paper pg 20).
In 49% of cases where violence was perpetrated by a partner, there were children present. In approximately 27% of cases, the children had witnessed the violence. (2005, ABS Personal Safety Survey).
Violence perpetrated by a previous partner also affects the children living in the home. In 61% of cases where violence was perpetrated by a previous partner, there were children present. (2005, ABS Personal Safety Survey).
Research on the impact of DV on children (who are not also targets of abuse) has found that children under 8 find witnessing violence most traumatic34.
Witnessing or experiencing violence as a child increases sharply the risk of becoming a perpetrator or victim of violence in later life35.
Exposure of children to family violence causes long&#8208;term psychological, emotional, physical and behavioural problems. Children living with domestic violence have higher rates of: depression and anxiety; trauma symptoms; and behavioural and cognitive problems, than do children not living with domestic violence36
Being a victim of, or being exposed to domestic and family violence has serious impacts on children of all ages, but affects children of various ages in different ways. Infants are especially vulnerable, and toddlers can develop severe emotional, behavioural and social problems. Pre&#8208;school age children are likely to feel that the violence is their fault; primary school children learn that violence is the normal way to resolve conflict and demonstrate aggressive behaviour themselves, at the same time as experiencing difficulties with school work and depression Adolescents are likely to view the problem as being the fault of the victim, and the presence of parental conflict at this stage of development can be a predictor of violent delinquency.
Posted by ChazP, Thursday, 7 July 2011 7:07:43 PM
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ChazP sorry but you forgot to mention part of the detail. Obviously an oversight and not deliberate, you are not biased or anything. Heaven forbid that you would be left looking like you had tried to play the gender game in what is just about the kid's.

You have filled us in on the proportion of kid's who have "witnessed violence against their mothers or stepmothers"
Just to complete the picture - how many kid's have witnessed violence committed against their father's or stepfathers? How many are in homes where the mother lashes out physically or emotionally at her male partner even with kid's around?

I know accurate and credible figures on that will be important to you, after all it's about the kid's and not gender games isn't it.

R0bert
Posted by R0bert, Thursday, 7 July 2011 7:21:52 PM
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