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'Reasonable fear of violence' unreasonable : Comments
By Patricia Merkin, published 30/3/2006The family law amendment changing from “fear” of violence to a “reasonable fear” of violence, is more than just sematics.
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A couple of thoughts on the overall issue
- It seems reasonable to assume that those people most willing to cheat on a partner and be deceitfull about the paternity of a child are also likely to misuse the child support scheme if the opportunity arises.
- At the moment it seems to be a "have your cake and eat it" situation - biological paternity or significant relationship can be both used to impose unreasonable financial demands on the "father" resulting from what are mostly the mothers choices. The article attempts to address some of the issues around this.
- I'm uncomfortable with the idea of universal paternity testing for some of the same reasons that I would be uncomfortable if I had to routinely submit to a polygraph regarding my fidelity within a relationship. Nothing to hide but don't like that kind of intrusive activity.
- I do think that the issue changes where the government chooses to decree and enforce financial liability. It seems strange that while other items are verified (income, liabilities etc) the issue of paternity is not. Paternity can have significant financial consequences for both property settlement and child support and should involve adequate levels of proof and appropriate consequences for fraud or inadequate "duty of care" in making declarations.
- Privacy appears to be a mjor concern to that Australian Law Reform Commission in paternity testing. However it does not appear to be a consideration in other aspects of family law. I had to produce all my bank statement including credit card statements for the post seperation period as part of the property settlement process and make them available to my ex and her solicitor - no privacy there and frankly none of her business.
Cheers
R0bert