http://www.daveyonefamilylawmanblogspotcom.socialgo.com/magazine.html
Attorney-General Hon Robert McClellend M.P
Hon. Chris Bowen M.P.
Davey's view; I have long since realised that Australian Family Law is ahead of the world in many respects and the court system is the most open, but here once again a good job is spoiled by a ha'peth of tar and loopholes are allowed to turn what should be clear black and white statements to a murkey grey where the injustices we are concerned about can manifest.
This is best illustrated in the 3rd papragraph of the first page of the letter above;
Family Law Act 1975 requires individuals to participate in family dispute resolution (mediation) before attending court, (Fine so far , but then) unless one of the exceptions applies- such as family violence, child abuse or urgency. (whatever urgency is in this context?)
My questions would be is this applicable if it is the mother who is violent , abusive or erm Urgent? and don't you see, this is the sort of thing that can lead to PAS or false allegations which the courts (everywhere) lap up and nearly always give the benefit of the doubt to the moter and thus covering their backs till some vigilant social worker proves other wise. This is a great pity as the very next paragraph suggests a presumption of equal parenting ( which once again is fine) then they wheel out that old humbug 'in the best interest of the child' and who determins that the court , the social worker or as we all know the mother and what could be a workable arrangement is hi-jacked once again and the courts fail to act!
I believe we all need to act swiftly and Lobby the new P.M Julia Gillard so these fundamental flaws are rectified so the laws offered in Australia may well prove to be the template for the rest of the world!
http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/7853234/New-Australian-prime-minister-Julia-Gillard-introduces-herself-to-world-leaders.html
This is best illustrated in the 3rd papragraph of the first page of the letter above;
Family Law Act 1975 requires individuals to participate in family dispute resolution (mediation) before attending court, (Fine so far , but then) unless one of the exceptions applies- such as family violence, child abuse or urgency. (whatever urgency is in this context?)
My questions would be is this applicable if it is the mother who is violent , abusive or erm Urgent? and don't you see, this is the sort of thing that can lead to PAS or false allegations which the courts (everywhere) lap up and nearly always give the benefit of the doubt to the moter and thus covering their backs till some vigilant social worker proves other wise. This is a great pity as the very next paragraph suggests a presumption of equal parenting ( which once again is fine) then they wheel out that old humbug 'in the best interest of the child' and who determins that the court , the social worker or as we all know the mother and what could be a workable arrangement is hi-jacked once again and the courts fail to act!
I believe we all need to act swiftly and Lobby the new P.M Julia Gillard so these fundamental flaws are rectified so the laws offered in Australia may well prove to be the template for the rest of the world!
http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/7853234/New-Australian-prime-minister-Julia-Gillard-introduces-herself-to-world-leaders.html
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