The Australian Shared Parenting Law Debate

Archive for the ‘Australian Family Law’ Category

Its not shared parenting: Its dads getting full custody

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Some may wonder as to why members of the shared parenting council often celebrate, commend and applaud   the removal of a mother from a child's life.  That's because if they straight out said that they want all fathers to get full custody, no one would support them.  Shared Parenting is merely a tool for that and does not reflect the consistency in care that was provided for the children before separation.  Shared Parenting is a pathway for full custody.  

The expectations on mothers are exhaustive and so we are naturally set up for failure. Then there are those who look at our gorgeous children as if they are window shopping for mantelpieces to trophy in their lounge room.  In a world where money can buy everything(or so they market people to believe), they begin to calculate how they can wear down that mother so she will hand over that child. As though we are merely pedigree show dogs that are breeding the next batch of wonders. Today's favorite sport is not football or tennis as society bores of the ballgames – It is "who is going to get that baby." Its an intellectual sport where the player must convince the lawmakers that it is a morally superior act and should be done for the sake of the child. It is an unfair sport perhaps no different to the rabbit on a greyhound course flighting a group of dogs gone wild. The rabbit of course is the mother and the greyhounds are the team that works together in competition to rip the child away from the mother. 
Some gnaw away at the emotionality of the cruel process, pointing at every turn, "She is not mentally fit to be a mother, she is crying – She must be depressed!". The usually the crowd goes wild as they scramble in to seize the moment grabbing the child whilst the mother is still weak. The umpire in the game turns his head whilst the bribes are pushing at the seams of his back pocket. How many times have you heard a radio station offer a contestant large sums of money to lie for the audiences amusement? Since the alienation craze spread through the family courts, mothers have been losing children left right and center. They actually call protecting – "Maternal gate keeping" and thats a reason for a mother to lose a child.
In UK, mothers who have had history of violence used against them have their children not only removed -but adopted out. Its a nice little system where social workers are paid $3000 when the child is adopted. Not only do they play a sport that contemporary society considers, "Fun", but they get paid to do it. De-mothering is sadly not restricted to the UK, but everywhere and as the enthusiasm drives this culture, justifying it for empty reasons – We are going to need an Olympics devoted to the entire sport. Why we don't have it on television already? Perhaps just seeing it would expose how barbaric some members of our society truly are.

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The Secrecy Law Scandal

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Often when challenged about why the secrecy law is in place, the explanation from Australian Family Courts is to protect children’s privacy. Australian Law, based upon English law often mirrors UK in legal matters. Naturally, Australian law mimicking UK law, will also mimic the adverse legal avenue where the Council of Europe found UK law to err on the side of bias when they ordered secrecy. UK was found to maintain secrecy, not to protect the children’s identity, but to protect the evidence where they violated human rights from the public. This led to media reporting on UK Family Court proceeding including the revelation that a mother was ordered by the court to return to UK where she was murdered by her ex husband whom had made previous threats to kill.

Australian journalists have even spoken out on how the Australian Family Court has stopped journalists from reporting on cases even where children are dead:
Today Tonight producer stated that he had received jail threats over reporting cases where all members where anonymized.
So why do we see media reports on the family court?
In the case of Darcey Freeman, the reporting was so viral that it was reported in the UK and in US, which stretched out of the Family Courts jurisdiction and made such a lawsuit very expensive and ambiguous. Since the release of the above video, other journalists have been able to make anonymized reports on family violence cases without needing to seek the courts permission.
Beforehand, only stories that supported mens groups ideology where provided and reports that involved family violence were required to obtain permission from the courts. In fact three media reporters from three Australian leading newspapers who provided reports from the mens groups ideology where in fact mens rights advocates. It is therefore no wonder why the community attitudes on violence against women and children provided poor results. The belief that women raise violence in the family court to obtain custody is widely held:
Half of all respondents (49 percent)
believed that ‘women going through
custody battles often make up or
exaggerate claims of domestic
violence in order to improve their
It is a mystery as to why such a document is able to identify the members and explicit details of a family court case:

Draft)

It is a mystery as to why the details of the mother were revealed on the fathers facebook profile page whom has 672 friends with access to all of the court files that compliment his version of events.

He also identifies the child by providing the photos and the case information underneath. 672 friends can clearly identify the mother and the child, know who judged the case and the details of the case he believes supports his reason for custody. Where he is not identified, he proceeds to identify himself in the case:

It is also important to note that John appeals for his case as an injustice because(according to his account) he had not viewed child pornography for nine years:

The question remains unanswered to the public as to the other remaining years and what police reports was he referring to that he claimed to be untrue?
Then there are the abduction cases where the family court has a high number of fathers looking for mothers whom have absconded with the children. Research has noted that a high number of abduction cases are due to escaping domestic violence and the negligence of protection related to that area. Most abduction cases therefore produce a mens group style promotion, neglecting to add the part where child abuse was raised and not dealt properly dealt with. An excellent example is the case of Melinda Stratton and Ken Thompson. In the court ordered publication it warned anyone who recognized Melinda Stratton, “not to approach her as she might prove a danger to herself or her son”. Unlike other family court releases, it did not specify a criminal or diagnosed mental health history. An aspect that would clearly be important to add when compelling the public to turn a mother and child into the police. It was later revealed that Melinda had run because of her concerns for Andrew Thompson and the courts inability to investigate child abuse. The court of course restrained the Australian from publishing most of the mothers accounts including the allegations that were made.

Written by australiansharedparentingdebate

April 15, 2010 at 11:55 pm