Three-strikes and you're out of the family?A three-strikes plan, which uses the threat of fines and jail to (force) parents to meet their parental obligations after divorce, could be introduced under a draft proposal from the parliamentary committee charged with reviewing the Family Law Act.
Non-custodial parents mainly fathers? Who for example fail to pick up their children at the time dictated by Family Court orders would face "reasonable but minimum financial penalties" the first and second time they breach conditions? If the parent breaches the conditions for a third time and shows a "pattern of deliberate defiance", then all access rights could be withdrawn.
But why mainly fathers? Is father a dirty word in 2003? Could that be discriminatory considering 80-20 Family Court rule that's 20 per cent access for fathers and 80 per cent access for mothers. So I suppose fathers are more likely to breach the arrangements that are typically unfairly made in the first place.
How does zero tolerance work when families are based on trial and error? You tell me. I'll tell you. Then we'll both know. I guess you don't have to be a rocket scientist to get on the parliamentary committee charged with reviewing the Family Law Act.
The parent could also face imprisonment if consistently continuing to breach court orders.
GKCNN has been told the fines are intended as a "wrap over the knuckles" to encourage the parent to correct their behaviour. The same "wrap over the knuckles" force and threats used by our government to get short term results which helps the community accept, quite wrongly, that "wrapping people over the knuckles" is a way to get things done. Which it is not!
How about inviting people into the decision making process and finding out more information about those involved. How about asking how parents can help, therefore getting and obligation from the parents to help, because they may have come up with a solution, taking into account their circumstances.
All too hard for the government, they'd rather find a violent solution that gives them short-term results but a long-term disaster coupled with the inflation of it.
It's okay though, because the fundamental group unit of society (the family) and the taxpayers will pay for it won't they?
GKCNN understands the recommendation is contained in a draft report distributed to members of the Family and Community Affairs Committee for their comment yesterday. The final report is due by the end of the year.
The draft report also is understood to recommend giving grandparents for the first time special status in custody hearings a proposal that could make it easier for them to gain custody of their grandchildren.
In addition, parents would have to include grandparents when developing their parenting plans, and to develop a range of strategies to ensure they are part of the mediation process.
The three-strike recommendation flows from a series of hearings where children have told of the disappointment of waiting for parents who never arrive. While the Family Court can fine parents who fail to meet their responsibilities; it is understood that the committee members believe they do not use their powers enough.
In other words the stick is not big enough, long enough and hard enough like a prison sentence or a fine?
Other recommendations being considered include requiring all separating couples to lodge parenting plans with a new tribunal.
The tribunal could include a child psychologist, a mediator and a family law expert. This effectively would mean that custody disputes would be removed from the Family Court and dealt with by a tribunal.
Family Court Chief Justice Alastair Nicholson has attacked this proposal, describing it as unconstitutional and impractical.
Not just that but lazy and general. Not particularly suitable for a families individual needs but more suitable for a bunch of victim industry graziers looking for a feed. Like lawyer's psychologists and mediators.
You need these people with a formula that incites violence and you also need to jail those who don't agree three times. Short answer! Lazy corporate greed opposed to a better community response.
The Prime Minister asked the Family and Community Affairs Committee to investigate a range of highly emotive issues, including automatic 50-50-child custody after divorce, when he announced the inquiry in June.
Frustrations over child custody and support consistently rank among the most common complaints raised with government backbenchers.
By No Human Error 25 Nov 03
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