Showing posts with label family-courts. Show all posts
Showing posts with label family-courts. Show all posts

Saturday, June 18, 2005

Parents challenge shaken baby convictions

The jury in each of the so-called shaken baby cases had been asked to infer from the expert evidence that the three men and one woman had violently mishandled their child victims in a momentary fit of temper, said Michael Mansfield QC.

However, there was no other evidence about what had happened to the four dead and injured children and no evidence of earlier ill-treatment, the barrister told three judges.

He said: "There is no suggestion that any of these carers were child abusers. It is not a child abuse case. The evidence was the reverse: that they did care, and were loving and supportive."

Research since 2001 had led to a reappraisal of the "triad" of features involved in shaken baby syndrome - swelling of the brain, bleeding between the brain and the skull and bleeding in the retina of the eyes - Mr Mansfield added.

The court will hear that such injuries can be caused by various factors including a fall from a relatively low height, vaccinations or medications that decrease oxygen supply to the brain, a difficult birth or even genetics.

The appeals cite new research by a pathologist who helped convict one of the four parents but who now questions whether shaken baby syndrome can be diagnosed as a form of child abuse.

If the convictions of Alan Cherry, Lorraine Harris, Raymond Rock and Michael Faulder are quashed, the appeal court could re-examine those of more than 90 other parents and carers who have been convicted for killing their babies by shaking them.

The test cases could also trigger legal action by parents who have had their children taken away in the family courts.

The appeals will focus on work carried out by Professor Helen Whitwell, a forensic pathologist in Birmingham, and Dr Jennian Geddes, a consultant neuropathologist.

Their research challenges the diagnostic test paediatricians use to determine whether a baby has been abused by shaking, saying this is no longer safe.

Mr Mansfield said each trial in the four cases brought to appeal had been dominated by expert evidence. In Rock's case, for instance, no fewer than seven key prosecution witnesses had given opinions about what must have happened to the child.

Their evidence had included the phrases "I have never seen such severe injuries", "shaken as hard as you can", "nothing short of full-force shaking" and "equivalent to a high-velocity road traffic accident", he said.

Mr Mansfield said the juries had been left with little alternative but to convict, yet none of the evidence established an indisputable or objective medical foundation for inferring violent treatment.

The appeals stem from a review that was ordered after Angela Cannings' successful appeal against her convictions for murdering her two baby sons.

Mrs Cannings was cleared after judges ruled that no one should be prosecuted solely on the basis of a medical opinion that was disputed by experts.

The review, ordered by the attorney general, Lord Goldsmith, involved some 300 infant death convictions, of which more than 90 raised the issue of shaken baby syndrome.

The test cases will be heard by Lord Justice Gage, Mr Justice Gross and Mr Justice McFarlane, and are scheduled to last for two weeks.

By David Batty posted 18 June 05

Related:

Clark case pathologist banned
UK: A Home Office pathologist who failed to disclose evidence that could have helped to clear Sally Clark of the murder of her two sons has been found guilty of serious professional misconduct by the General Medical Council.

Baby deaths doctor'breached duty to be fair'
UK: A Home Office pathologist who claimed there was "overwhelming evidence" of a double murder in the Sally Clark baby case undertook "serious and repeated departures" from expected medical standards, a disciplinary panel heard.

Mother's conviction quashed for killing her children
LONDON - The conviction of a mother convicted six years ago of killing her two children has been quashed by London's Appeal Court.

Experts in child abuse cases face inquiry
UK: The government launched an official inquiry into the quality of expert medical evidence in child abuse cases last Thursday, as the implications of the miscarriage of justice in the Angela Cannings case continued to perplex ministers.

Cot deaths and justice
Did you kill your babies?' A whisper came from the crumpled figure in the dock: 'No.' The whisper grew louder: 'No, no.' It was as if we were witnessing torture in Reading Crown Court. It is hard to imagine a crueller inquisition than that which faced Trupti Patel: a mother loses three babies in cot death and then goes through the hell of being accused of murdering them.

Accused of abuse, but never tried

Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.

Cot Death Mothers: The Witch Hunt
John Sweeney investigates when mothers, grieving the loss of a child after cot death, are wrongly accused of murder.

Australia

Appeals court told woman's sentence barbaric!

Appeal: Folbigg's lawyers argue her sentence is barbaric.But is she guilty? When she has maintains her innocence? And what about "Meadows law"?

Sudden Infant Death Syndrome! & The Kathleen Folbigg Case
Kathleen Megan Folbigg, 37, is either Australia's worst female serial killer or her case is a serious miscarriage of justice in which an innocent mother has been wrongfully convicted of infanticide.

Folbigg, convicted until proven innocent
Convicted August 2003 for the manslaughter of her eldest child Caleb, and the murder of her next three children, Patrick, Sarah and Laura. Disturbing similarities between the case of Kathleen Folbigg and that of Sally Clark (nb. Other Meadows cases Trupti Patel, Angela Cannings, Donna Anthony, Margaret Smith, Julie Ferris, Maxine Robinson) using "Meadows law" one cot death is tragic, two suspicious, three murder." The Attorney-General in England is reviewing more than 250 cases where a parent may have been wrongly convicted. In other words, Professor Meadows evidence has been totally discredited. There is a furore in England, but no mention in Australian press?

Folbigg may have been innocent
On the other hand, some people simply lied or got it wrong because the system failed, The prosecution is not equal to the defence, professional opinions can be flawed and juries can determine the wrong evidence.

Family tragedy in police spotlight
JOSEPHINE CAFAGNA, REPORTER: Next week the last chapter will be played out in a case that shocked the nation, the case of Kathleen Folbigg, found guilty of killing her four babies in NSW, at first thought to have died of Sudden Infant Death Syndrome. Next week Kathleen Folbigg will know the sentence for her crime. In May this year, following the Folbigg conviction, Stateline made inquiries here in Victoria about any cases of multiple SIDS deaths in the one family. Stateline asked the Homicide Squad, the Coroners Court, Human Services Victoria and the SIDS Foundation if any cases were being re-examined in light of the Folbigg case. The answer was no.

Thursday, July 29, 2004

Money will save relationship services, welfare group says?


Catholic, [? religious bondage], Welfare Australia says the immediate injection of $15 million into family relationships programs will prevent planned cuts to services.

[Welfare? How about Relationship Service? Social Services? After all it is taxpayers who support it, not the ruling class or religion.]


Father Joe Caddy, chairman of the service, says the program has been under review for almost eight years, and funding has not kept up with increasing demand.

"The family relationship support programs were beginning to fall over, they were so lacking in funding," he said.

"We've had to reduce some of our services around the country from between 30 to 80 per cent so it's tremendous that that family relationship support services can be put back into place and be put on a reasonable footing."

Father Caddy has also welcomed the Prime Minister's announcement of the establishment of a new national community-based network of family relationship centres, providing mediation for separation and child custody disputes.

By The Family 29 July 04

Joe Blowback: Put your hand out and people like John Howard [war criminals from the ruling class], will give you money for votes. But not religion. I say keep religion out of families and give the money to an independent and qualified relationship service provider and not to a church.

Related:

Labor says divorce plan not good enough
The Federal Opposition says the Government is doing too little, and taking too long, to overhaul arrangements for divorcing parents.

Custody overhaul to improve men's access to children
The Federal Government has announced an overhaul of family law arrangements, with plans to give men involved in marriage break-ups greater access to their children.

Zero Tolerance for Families
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.

80-20 Family Court rule irrational: Martian
A Martian came down from Mars and he noticed that children were the products of a father and a mother. When the family split up the children were still the products of a father and a mother.

Fatherless Society "80-20 rule Vs 50-50 rule" family law
A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

History of trauma dogs sole parents and the government
Australia's sole parents including those who were squarely divided by the Family Court of Australia which include tens of thousands of lone mothers on welfare benefits have experienced rape, physical assault, torture and mental health disorders at some time during their life, a new study shows.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

Custody overhaul to improve men's access to children


The Federal Government has announced an overhaul of family law arrangements, with plans to give men involved in marriage break-ups greater access to their children.

The changes also include new centres to provide compulsory mediation to separating couples.

The shake-up does not include a new families tribunal to hear custody cases, which was the key recommendation of a bipartisan parliamentary inquiry.

Many Coalition MPs backed the idea and Attorney-General Philip Ruddock concedes they will be disappointed.

"I think some will be," he said.

Mr Ruddock says that at $500 million, the tribunal idea was too expensive.

"Cost is relevant if you are looking at the resources that you want to put into helping to resolve disputes. We see the new family relationship model retaining most of the benefits of the tribunal proposal but it also overcomes its limitations," he said.

However, the Government will instead set up 65 "family relationships centres" around the country, with the first 15 to open within a year.

The Government would also ensure children would be legally required to spend time with both parents after a relationship breakdown.

"That would occur in all cases except those involving violence, child abuse and entrenched conflict," Mr Ruddock said.

The Government is also proposing a greater role for grandparents in custody disputes, a plan to make the Family Court less adversarial and to set up a taskforce to review the current child support payments scheme.

Lawyer support

The Law Council of Australia has welcomed the overhaul.

The council's family law chairman, Michael Foster, says the plan may prevent some couples being forced into the courts system.

"Only around 2 per cent of separating families ever need a judge or a magistrate to make a decision, but if we can avoid some of those people needing it in the future that's good," he said.

"For the 98 per cent who've managed to resolve their problems by agreement, then if we can make that quicker and easier, that has to be better for children."

The Australian Families Association has also cautiously welcomed the changes.

The association's Damien Tudehope says the changes will reduce the reliance of couples on lawyers.

He agrees the changes will keep more matters out of the courts.

"You've got to have the backstop of legal issues being resolved by courts," he said.

"If the parties can't resolve it through a relationship centre and hopefully staffed by people with appropriate expertise, then the number of people who would find it necessary to approach the courts would be minimised."

Relationships Australia says the relationships centres will help separating couples.

However, spokeswoman Anne Hollands says more effort should be put into stopping marriage break-downs in the first place.

"What we also need is increased funding for people much much earlier in the process to help them build stronger marriages in the first instance," she said.

"This is a great concern for us at the moment because there was no new funding in the budget for current services which are already struggling to meet demand."

Different priorities

Opposition Leader Mark Latham says the processes of the Family Court should be streamlined, to make it less traumatic and expensive for those coping with family breakdown.

Mark Latham said he will look at the Government's proposals, but he thinks the priorities should be entrenching the idea of shared responsibility for parenting and reforming the Family Court.

"If we can reduce the legal cost and processes, the time, the trauma and get people through the family court processes faster, then everyone's better off. If they get a fair judgement in a faster way, everyone's better off, you can get on with the rest of your life," he said.

By My Favourite Martian 29 July 04

Related:

Zero Tolerance for Families
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.

80-20 Family Court rule irrational: Martian
A Martian came down from Mars and he noticed that children were the products of a father and a mother. When the family split up the children were still the products of a father and a mother.

Fatherless Society "80-20 rule Vs 50-50 rule" family law
A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

Tuesday, October 21, 2003

80-20 Family Court rule irrational: Martian

A Martian came down from Mars and he noticed that children were the products of a father and a mother. When the family split up the children were still the products of a father and a mother.

The Martian saw the mother and the father go to court because they couldn't arrange a proper and fair arrangement between themselves. Questions were raised like whose fault it was for the essence of the breakdown and who didn't put the garbage out.

Mum and Dad had developed a personality clash between them and couldn't agree about the children, because their emotional levels and the value and principals (children) were very high.

But the Judge at the Family Court said the husband should pay a gross penalty here because he/she had decided or was influenced to believe that the mother was the best person to raise the child.

The Martian was surprised at the outcome. When he went back to Mars and sat on the Martian Council, explaining to his fellow Martians that the Family Court was "irrational" about shared parenting. The children were the product of both parents he said but there was an 80-20 rule in the court, which was unequal.

If parents were not judged equally and were not given an equal opportunity to share an equal amount of time with their children, when the children were the products of both the father and the mother and the family was split, then this was irrational.

Not just that, he explained, but what if after the orders were made by the court and during the course of the already unequal status, one parent decided to move interstate or overseas fragmenting altogether, the contact by one parent to the children of the marriage?

What if one parent who had custody was just a pain in the neck and decided the other parent was never going to see their children again? Did the custodial parent have an advantage, to throttle the other parent?

Of course this is a danger and some parents never accepted the result. Some parents killed themselves over it, some parents killed their spouse, and some parents killed their children.

Why? Because some parents had less social skills and limited social contacts, low self-esteem and self-worth and didn't make the connection, that it was "their fault". These parents were placed under considerable pressure or had limited resources to deal with this incredible penalty metered out by authorities.

Research has been around for years that the majority of children who live with one parent developed long-lasting psychological problems, and were confused and some even anti-social.

Such arrangements caused enduring "disorganised attachment" with one parent in 80 per cent of juveniles because of split marriages says Gregory Kable from Justice Action.

"Family therapist make mince meat out of these families. Families who disagree and who go on to be used as fodder for this victim industry. You'll probably read about psychologists and family therapists in the Herald today screaming that they have the answer."

"But most likely if you ask them "do you have children of your own?" they fall flat on there arse, because they were too busy doing their degree. But they still have all the answers?"

"It's too hard for them to ask people who have lived through the unfairness. They don't ask where are your children today."

My answer is, "I don't know, perhaps there on Mars." Some old children and adults, have developed "alarming levels of emotional insecurity and poor ability to regulate strong emotion" being detached and having no sense of identity, because of the detachment from one parent or the other, or one family or the other for that matter.

Gregory Kable called the presumption of 50-50 shared parenting, the focus of a federal parliamentary inquiry into child custody, "an equal idea". Mr Kable's research, history and experience in the Family Court and dealing with marriage breakdown is extensive and in fact the NSW government prevented him seeing his children by passing a law. Mr Kable agreed that the sensitive involvement of both parents was vital to children's adjustment after family breakdown but said the greatest damage came from continuing parental conflict over the 80-20 rule, whatever the living arrangements.

"Single parenting in the absence of a father figure and one side of the family respectively cannot support the necessary balance for children. It causes long term damage for the children particularly seen in confused and anti-social teenagers," he said.

"Equally, shared parenting and arrangements, balanced the developmental needs for a secure predictable long term existence with the children's family attachment figures, the father, mother, siblings and grandparents, even if the family breaks down"

A bond with both parents could profoundly influence a child's development, but prolonged absences from one parent or the other parent or from one family or the other family and multiple indecisions confused children, especially when parents were in conflict over unequal access.

For children who had regular access to both parents, attachment was well as can be expected given the reality of the marriage breakdown. Shared residence in early adolescence was a viable and useful solution to marriage breakdown, providing parents managed their conflict and the child was allowed some choice.

A mediator from Relationships Australia, Dianne Gibson, said it was best for young children to spend some time with both parents.

Clinical psychologists involved in family law benefit from the 80-20 situation because of the additional tension created by the rule. For instances when judges order psychologists to interview the family including the children of the marriage and report to the court. These people are worse than the pharmaceutical companies.

Professor Lawrie Moloney, from La Trobe University, says the assumption of joint custody is offensive.

"You don't treat the child as an object," he said.

Mr Kable said, "Professor Lawrie Moloney is not helping anyone understand the issue because the court is deciding on the breakdown of a family into parts in the first place because their parents don't get on."

"It is my understanding that you're deciding where each part should be satisfied equally."

By My Favourite October 21 03

Related:

Fatherless Society "80-20 rule Vs 50-50 rule" family law
A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Australia to tackle child abuse and rescue impoverished children?
A national report on child protection in the Northern Territory has blasted the system, saying it has abandoned the most impoverished children and families in Australia.

ATSIC call to smack kids?
The ATSIC commissioner said the high levels of regulation was not unlike the attention focused on Aboriginal families that led to the creation of a Stolen Generation of Aboriginal people. Mr Hill said he did not condone violence and admitted he did not smack his own children, but he stressed he wanted the issue of child discipline debated among Aboriginal people and community leaders.

No-Smacking Day for Children in NSW
Patmalar Ambikapathy the Children's Commissioner, HOBART Tasmania spoke to Gregory Kable a caseworker at Justice Action at the Controlling Crime Conference at Redfern in Sydney yesterday and we both realised how parallel our ideas about crime prevention were.

Judge renews child detainee release call
A Family Court judge, for a second time, has appealed to Immigration Minister, war criminal, Philip Ruddock to address the issue of children in detention.

Partnership to tackle Aboriginal children's health issues
Australian of the Year Professor Fiona Stanley has called for a sense of urgency in tackling the serious health problems facing Aboriginal children.

Graffiti: What they see is what you get
Father David Equal, a community leader has described the graffiti as the response to neglect by Australia's leaders, and the mainstream media, who have discriminated against people, recently.

Ruddock to challenge Family Court ruling
Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

States to cooperate on school curriculums but social skills don't rate? State and territory education ministers say Federal Education Minister Brendan Nelson's heavy-handed threats to school funding will not assist their ambitious initiative to develop consistent school curriculum’s in key subjects.[?]

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

School Curriculum needs balance? Life Skills and Academic Skills go hand in hand man Colin you need to be the students friends not their judge. Only when you can invite the students into the decision making process will you get an obligation by them to change their behaviour, because you Colin could lead by example and not by power.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Parents call for feedback on social skills
Parents are calling for the same level of feedback on their children's social development as on their academic progress, according to a national survey.

Call to update suicide prevention strategy: study
A four-year study of suicides by people under the age of 18 in New South Wales, has found little difference between rates of suicide in rural and regional areas and cities.

Alcohol is just the beginning
People who start using alcohol by their mid teens are more than twice as likely as others to experiment with different drugs and to become dependent on drugs a major Australian study has found.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

The Seed
Respect, you only get out what you have put in. What about Life Skills, Communication and Conflict Resolution. Evolution, perhaps some children and adults miss the whole or part of the course. I did, and so how surprised do you think I was when I realised my parents missed the course as well. Things like Compromise, Win Win, Empathy, and Love. Invisible energy and other skills like public speaking, how to Relate, Assuming, Blaming, Forgiveness, Freedom and Discrimination. This is how I learned respect. If you don't know what it is then how do you relate?

The Law According to Gregory Wayne Kable
I was sharply separated from both my children aged just 4 years and two years and sent to prison for the manslaughter of my wife. I cared for my children when my wife worked and I believe that I still had a responsibility to them even after the crisis situation and tragedy. I wanted to reassure them now and find out how they were doing.

Monday, October 20, 2003

Fatherless Society "80-20 rule Vs 50-50 rule" family law

A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Chief Justice of the Family Court, Justice Alistair Nicholson, last week told the inquiry shared custody would not work for most families and could have a detrimental impact on children.

But I would have thought that there were already detrimental impacts on children and parents hence the need for an inquiry.

Lone Fathers' Association spokesman, Jim Carter, says the Family Court has some old-fashioned ideas about the best interests of children. Mr Carter says surveys have repeatedly shown children want equal time with parents.

"The system appears to be leading in many cases something like a fatherless society, which cannot be in the best interests of the children," Mr Carter said.

"So our assessment of that is that there is a need for change. The rules and the administration of the rules in this whole area must change."

But the inquiry is being told that 50-50 custody may hurt children. [?]

How could equality hurt any form of rule?

A federal parliamentary inquiry has heard presumed joint child custody after a separation could be damaging to a young child's development. [Heard by who? If they're not willing to say who says what, then why do they have a right to say it? Because that person has not shown themselves or any biases.]

The inquiry is again taking evidence in Canberra, looking at an idea raised by the Prime Minister for automatic equal custody.

Liberal backbencher Peter Dutton says presumed 50-50 child custody could be needed because the Family Court system is failing separated families.

"We've got this template at the moment which is an 80-20 situation," he said.

But clinical psychologist Dr Jennifer McIntosh has argued against the 50-50 presumption when conflict is evident between parents. She says that occurs two thirds of the time.

"Presumption is unsafe if we're looking statistically at that population," She said.

[But the conflicts usually occur from something? What about child access?]

GKCNN spoke to Justice Action's caseworker Mr Gregory Kable, "Clinical psychologists involved in family law benefit from the 80-20 situation because of the additional tension created by the rule.

For instances when judges order psychologists to interview the family including the children of the marriage and report to the court. These people are worse than the pharmaceutical companies," he said.

Professor Lawrie Moloney, from La Trobe University, says the assumption of joint custody is offensive.

"You don't treat the child as an object," he said.

Mr Kable said, "Professor Lawrie Moloney is not helping anyone understand the issue, because the court is deciding on the breakdown of a family into parts in the first place, because their parents don't get on."

"It is my understanding that they're deciding where each part should be satisfied equally."


The inquiry is in its second month and it will report back by the end of the year.

By Dear Old Dad 20 October 2003

Related:

Australia to tackle child abuse and rescue impoverished children?
A national report on child protection in the Northern Territory has blasted the system, saying it has abandoned the most impoverished children and families in Australia.

ATSIC call to smack kids?
The ATSIC commissioner said the high levels of regulation was not unlike the attention focused on Aboriginal families that led to the creation of a Stolen Generation of Aboriginal people. Mr Hill said he did not condone violence and admitted he did not smack his own children, but he stressed he wanted the issue of child discipline debated among Aboriginal people and community leaders.

No-Smacking Day for Children in NSW
Patmalar Ambikapathy the Children's Commissioner, HOBART Tasmania spoke to Gregory Kable a caseworker at Justice Action at the Controlling Crime Conference at Redfern in Sydney yesterday and we both realised how parallel our ideas about crime prevention were.

Judge renews child detainee release call
A Family Court judge, for a second time, has appealed to Immigration Minister, war criminal, Philip Ruddock to address the issue of children in detention.

Partnership to tackle Aboriginal children's health issues
Australian of the Year Professor Fiona Stanley has called for a sense of urgency in tackling the serious health problems facing Aboriginal children.

Graffiti: What they see is what you get
Father David Equal, a community leader has described the graffiti as the response to neglect by Australia's leaders, and the mainstream media, who have discriminated against people, recently.

Ruddock to challenge Family Court ruling
Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

States to cooperate on school curriculums but social skills don't rate? State and territory education ministers say Federal Education Minister Brendan Nelson's heavy-handed threats to school funding will not assist their ambitious initiative to develop consistent school curriculum’s in key subjects.[?]

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

School Curriculum needs balance? Life Skills and Academic Skills go hand in hand man Colin you need to be the students friends not their judge. Only when you can invite the students into the decision making process will you get an obligation by them to change their behaviour, because you Colin could lead by example and not by power.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Parents call for feedback on social skills
Parents are calling for the same level of feedback on their children's social development as on their academic progress, according to a national survey.

Call to update suicide prevention strategy: study
A four-year study of suicides by people under the age of 18 in New South Wales, has found little difference between rates of suicide in rural and regional areas and cities.

Alcohol is just the beginning
People who start using alcohol by their mid teens are more than twice as likely as others to experiment with different drugs and to become dependent on drugs a major Australian study has found.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

The Seed
Respect, you only get out what you have put in. What about Life Skills, Communication and Conflict Resolution. Evolution, perhaps some children and adults miss the whole or part of the course. I did, and so how surprised do you think I was when I realised my parents missed the course as well. Things like Compromise, Win Win, Empathy, and Love. Invisible energy and other skills like public speaking, how to Relate, Assuming, Blaming, Forgiveness, Freedom and Discrimination. This is how I learned respect. If you don't know what it is then how do you relate?

The Law According to Gregory Wayne Kable
I was sharply separated from both my children aged just 4 years and two years and sent to prison for the manslaughter of my wife. I cared for my children when my wife worked and I believe that I still had a responsibility to them even after the crisis situation and tragedy. I wanted to reassure them now and find out how they were doing.

Thursday, October 2, 2003

No-Smacking Day for Children in NSW

TASMANIA: The Child Friendly State, held the first Australian No Smacking Day on April 30, 2003.

Patmalar Ambikapathy the Children's Commissioner, HOBART Tasmania spoke to Gregory Kable a caseworker at Justice Action at the Controlling Crime Conference at Redfern in Sydney yesterday and we both realised how parallel our ideas about crime prevention were.

Justice Alistair Nicholson of the Family Court of Australia,

"Smacking a child ought to be seen as assault," he said.


So if it's a crime to punish children, or adults for that matter, then the punishment is the crime. Punishment, threats and smacking only get short-term results, if any result at all.

Long term results are gained by the following practice:

1) Inviting children or adults in the decision making process means you learn more about them.

2) Allowing children or adults to come up with an idea about how they can help you solve the problem they may be causing you or others.

a) will ensure they are not being judged by you or others
b) will ensure they are not wrongly blamed by you or others
c) If they think of a way they can help you they will also have an obligation to do what it was they suggested because it was their idea.

Simple as ABC!


Justice Action believes that we get more support preventing people going to jail than we do trying to get people out of jail. Prevention is better than cure.

You can help plant this seed so that 5 per cent of Australians don't go to jail and learn effective ways to solve a problem, they may be having with you or with other people.

Furthermore, we don't need jails, we need Universities. It's a child's right to be educated. The community will save lives and money by teaching people not to smack children or adult, in order to solve a problem, they may be having with children or adults.

The savings and benefits from this policy will provide free education, because we're not spending money on police (domestic violence) and prisons (violence). As well as keeping people out of hospitals. The potential results may be a long way off, but in the grand scheme of things, there will be a lot less violence in the community.

This day has been celebrated overseas and now it is New South Wales and it's the rest of Australia's turn to follow international best practice, and show our children and young people that we do value them.

We would like to invite all children, young people, families, members of the community and workers to celebrate this day Nationally, in whatever way they wish.

When launched, Justice Action will discuss "alternatives to physical punishment" and be available for interviews. For the first time NSW we will have a Statewide No Smacking Day on a date to be fixed? Working in cooperation with the NSW Childrens' Commissioner I hope?

Otherwise Justice Action will go it alone. After all life is community service!

Many parents worry about violence in our society. As parents, we may not realise that we are contributing to the problem of violence by our example of hitting children. Hitting children teaches them that violence wins! The more we hit children, the more likely they are to become bullies, to hit friends and family members, and to hit spouses and their children when they are adults.

This will be the first international No-Smacking Day in NSW. The observance seeks to bring a much-needed focus on ending corporal punishment of children and helping parents develop effective non-violent alternatives.

It's time for strongly promoting alternatives to physical punishment of children. On a date to be fixed Gregory Kable and Justice Action hopefully with the NSW Childrens Commissioner will call on all parents to consider breaking the habit of hitting children and seek out non-violent alternatives, through reading, talking with friends, children and partners, and participating in community parenting programs.

Hitting people is wrong, and children are people too. This is the day to begin to break the habit of hitting children.

More information:
http://www.childcomm.tas.gov.au/parents/smacking.html

http://www.kids.nsw.gov.au/about/contact.html

Commissioner for Children Tasmania

When you're ready? Are you ready for a revolution

Give us your feedback Contact: Gregory Kable gkable@hotmail.com or justice ACTION PO Box 386 Broadway, NSW 2007, AUSTRALIA Ph: 612 9281 5100 Fax: 612 9281 5303 JA@justiceaction.org.au

By Classical Conditioning 2 October 03

Related:

States to cooperate on school curriculums but social skills don't rate? State and territory education ministers say Federal Education Minister Brendan Nelson's heavy-handed threats to school funding will not assist their ambitious initiative to develop consistent school curriculum’s in key subjects. [?]

School Curriculum needs balance? Life Skills and Academic Skills go hand in hand man Colin you need to be the students friends not their judge. Only when you can invite the students into the decision making process will you get an obligation by them to change their behaviour, because you Colin could lead by example and not by power.

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Parents call for feedback on social skills
Parents are calling for the same level of feedback on their children's social development as on their academic progress, according to a national survey.

The Seed
Respect, you only get out what you have put in. What about Life Skills, Communication and Conflict Resolution. Evolution, perhaps some children and adults miss the whole or part of the course. I did, and so how surprised do you think I was when I realised my parents missed the course as well. Things like Compromise, Win Win, Empathy, and Love. Invisible energy and other skills like public speaking, how to Relate, Assuming, Blaming, Forgiveness, Freedom and Discrimination. This is how I learned respect. If you don't know what it is then how do you relate?

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

Friday, September 26, 2003

Judge renews child detainee release call

A Family Court judge, for a second time, has appealed to Immigration Minister, Philip Ruddock to address the issue of children in detention.

The call comes in a case involving three siblings, two of them born in detention in Australia.

In the latest case, Justice Richard Chisholm has said that he does not have the power to release the children.

He has heard evidence that their mother has suffered paranoia, post-traumatic stress and depression.

The family lived for four months last year in a psychiatric unit in Adelaide. Since returning to a detention centre, their mother has not left her room. Their father looks after them but he says he is not sure he can cope either. Two of the children were born in detention in Australia.

Welfare reports say they have behavioural problems and delayed development. It was last month, in the case of an Iranian family, Justice Chisholm said detained children should be released as a matter of urgency and he appealed to the minister. They were later granted asylum.

In this case, he has again said he has no power to act and has appealed to the minister to urgently address the family's needs.

By Paramount Welfare 26 September 03

Related:

Signs of the Times: Aggressive Scepticism
If anyone has known a schizophrenic then you may also know that it is because of some sound or picture that invaded their thoughts which sent them mad. So possibly, any invasion of my time with self, a time to integrate past experiences could send someone mad. However if there is no interference with our own thoughts and ideas we sometimes choose to write down our conclusions and share our ideas with others socially.

Civil Liabilities: Howard's diversity? I had a dream?
The war criminal, Prime Minister, John Howard, who only yesterday was claiming he was showing diversity has stepped up pressure on the states to support plans to increase the war criminal, Federal Attorney-General's powers to ban terrorist organisations, [scapegoats and patsies for the Coalition of the Killing's illegal and degrading resource wars in the Middle East.]

Ruddock to challenge Family Court ruling
Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Children in Baxter Detention Centre: Tell me a fable...
Opponents vow to fight yesterday's Family Court ruling against the release of five children from South Australia's Baxter detention centre has strengthened the resolve of groups fighting the Federal Government's policy of detaining child asylum seekers.

Where did you say you reside Mr Carr?
New South Wales Premier Bob Carr says a protest outside Immigration Minister Philip Ruddock's Sydney home should have been called off for moral reasons. Mr Carr says people who want to protest against the Federal Government's immigration policies should do it in Sydney's CBD, not outside Mr Ruddock's home.

Three protesters tricked outside Ruddock's house
Protest organisers have been critical of police actions at a pro-refugee rally near Immigration Minister Philip Ruddock's Sydney home.

Australia: Child detention, tell me a fable...
Democrat's leader Andrew Bartlett wants all children in immigration detention centres released, in the wake of the Family Court refusal to put a stay on one of its landmark rulings.

Amnesty calls for release of children from detention centres
Human rights group Amnesty International is pressuring the Federal Government to immediately release children from detention centres in the wake of the latest report on detainee children.

Child detainees 'living in a nightmare', report finds
A report being released today documents disturbing evidence about mental health for children in detention centres. The report is a joint work by the Royal Australian and New Zealand College of Psychiatrists, NSW University and NSW psychiatrists.

Demonstrators prepared for Baxter protest
Thousands of demonstrators will converged at Port Augusta in preparation for this weekend's expected protest at the Baxter detention centre.

Tuesday, August 26, 2003

Ruddock to challenge Family Court ruling

Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Tell me your fable...A fable...

Dale West from Centacare accompanied the children on the four hour journey from Port Augusta to Adelaide on Monday.

"This is a fairly euphoric time for them and we would expect that to be the case for the first 24 to 48 hours," he said.

"What of course we need to be very vigilant about is the impact on the children of all the attention of the days brought, of all the uncertainties of the last few weeks and of course the prolonged terms of detention that they've all served."

The fable...The fable...Ahh...

The Immigration Minister, Philip Ruddock, has vowed to challenge a Family Court ruling that granted the release of five children from detention.

But if he chose to lead by example then he would not be letting down all the parents and carers in Australia who know better.

On Monday, the Full Court of the Family Court upheld an appeal for the release of the five children, who are from one family of asylum seekers. Most likely under the heading Paramount Welfare.

The three girls and two boys have been placed in the care of Catholic welfare agency Centacare.

But Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

[Sounds like he's trying to buy the High Court decision?]

Ruddock says the matter will be heard in the High Court late next month.

"I think it's unfortunate that the court has in a sense dealt with these matters in a pre-emptive way because in doing so, by granting interlocutory relief which they've done here, there is the potential for the children to be at large for a time then re-detained if the High Court determines the Family Court has acted beyond jurisdiction," he said.

[But I think it is fortunate that the court has in a sense dealt with these matters with respect to the children because in doing so, by granting interlocutory relief, which they've done here, there is the potential for the children to be with the community.]

Tasmanian Independent Senator Brian Harradine says a decision in South Australia's Family Court vindicates his push for the release of all the children from immigration detention.

"there was a public outcry in Britan when it was revealed four children had been held in detention there for more than a year."

Senator Harradine says he and his supporters will be using the next parliamentary sitting to put further pressure on the immigration Minister, Phillip Ruddock.

"We'll be particularly focusing on the Minister's responses so that he does give an unequivocal response that all children behind bars should not be there."

[Most likely based on the rule that all children are innocent.]

The long-term future of the five children depends on a hearing in the High Court next month.

"The Commonwealth's view is that the Family Court is involving themselves in these questions and acting outside its jurisdiction."

"That's the view the Commonwealth holds and that's the reason we're testing the matter before the High Court."

[What? The children are not children? If our Commonwealth holds that view then we need don't need a Commonwealth.]

Premier Mike Rann welcomed the Family Court decision and the children's release.

"I think that it is iniquitous for a country like Australia to hold children in detention," he said.

"One can only guess at what damage that could do them, I have great confidence in Centacare, I think Centacare on so many fronts does so many good things for people, including the difficult area of advocating on behalf of refugees.

"I'm glad that the children have been released into their care," he said.

Tell me your fable...
A fable...
A fable...
A fable that will never end...
And now, I dream!
Dream!
Dream!

By Gregory Kable and Robert Miles 26 August 03

Related:

Children in Baxter Detention Centre: Tell me a fable...
Opponents vow to fight yesterday's Family Court ruling against the release of five children from South Australia's Baxter detention centre has strengthened the resolve of groups fighting the Federal Government's policy of detaining child asylum seekers.

Where did you say you reside Mr Carr?
New South Wales Premier Bob Carr says a protest outside Immigration Minister Philip Ruddock's Sydney home should have been called off for moral reasons. Mr Carr says people who want to protest against the Federal Government's immigration policies should do it in Sydney's CBD, not outside Mr Ruddock's home.

Three protesters tricked outside Ruddock's house
Protest organisers have been critical of police actions at a pro-refugee rally near Immigration Minister Philip Ruddock's Sydney home.

Australia: Child detention, tell me a fable...
Democrat's leader Andrew Bartlett wants all children in immigration detention centres released, in the wake of the Family Court refusal to put a stay on one of its landmark rulings.

Amnesty calls for release of children from detention centres
Human rights group Amnesty International is pressuring the Federal Government to immediately release children from detention centres in the wake of the latest report on detainee children.

Child detainees 'living in a nightmare', report finds
A report being released today documents disturbing evidence about mental health for children in detention centres. The report is a joint work by the Royal Australian and New Zealand College of Psychiatrists, NSW University and NSW psychiatrists.

Demonstrators prepared for Baxter protest
Thousands of demonstrators will converged at Port Augusta in preparation for this weekend's expected protest at the Baxter detention centre.

Wednesday, August 6, 2003

Children in Baxter Detention Centre: Tell me a fable...

Tell me your fable...A fable...

Opponents vow to fight yesterday's Family Court ruling against the release of five children from South Australia's Baxter detention centre has strengthened the resolve of groups fighting the Federal Government's policy of detaining child asylum seekers.

Talk to me, tenderly, show reality, fantasy. We'll bound together all win in one feat.

Justice Steven Strickland yesterday ruled against releasing the five siblings from detention because he was not satisfied they would be better off in the wider community. [?]

But that is a statement that detention is better than community, how can that be?

Tell me your fable...A fable...

The decision has angered Catholic welfare agency Centacare, which had applied to take care of the children until their eventual deportation.

Centacare director Dale West says Justice Strickland wrongly stated the agency was not well enough prepared to care for the children.

"I believe that Centacare does have the skills, the expertise the preparation has been made," Mr West said.

"We do have staff that would be able to well meet the needs of these children."

The family's lawyer Paul Boylen says he is not dwelling on the ruling, but is looking toward the final hearing in just over a month.

"The matter will go to trial commencing on 15 September, a further six weeks or so away," Mr Boylen said.

"We'll look at the possibility of appealing the interim order dismissing the interim application."

He admits yesterday's ruling was upsetting.

"Detention is still unlawful, that finding of the judge hasn't changed.

"We're of the view that the children are not being properly looked after, their psychological welfare is very bad indeed."

The fable...The fable...Ahh...

While Immigration Minister Philip Ruddock welcomed the ruling as sensible, the Opposition and Democrats have vowed to continue fighting the detention policy.

Federal Opposition Immigration spokeswoman Nicola Roxon says the Government needs to re-examine its policy stance.

"I think that really we shouldn't be chasing every legal technicality," Ms Roxon said.

"We should have the Government saying enough is enough, children shouldn't be behind razor wire and it's about time they made that policy decision themselves."

The Democrats describe the ruling as a temporary setback.

Party leader Senator Andrew Bartlett says the family's plight is just one example of the suffering experienced by hundreds of detained asylum seekers.

"Of course they're in the situation because of the policy of the Federal Government and that's why the Democrats will continue to push to have the policy changed," Senator Bartlett said.

"If not, in the meantime we'll have to try and fight tooth and nail for every single child that is in detention to try and get them out of that harmful environment."

Tell me your fable...
A fable...
A fable that will never end...
And now, I dream!
Dream!
Dream!

By Gregory Kable & Robert Miles 6 August 03

Related:

Where did you say you reside Mr Carr?
New South Wales Premier Bob Carr says a protest outside Immigration Minister Philip Ruddock's Sydney home should have been called off for moral reasons. Mr Carr says people who want to protest against the Federal Government's immigration policies should do it in Sydney's CBD, not outside Mr Ruddock's home.

Three protesters tricked outside Ruddock's house
Protest organisers have been critical of police actions at a pro-refugee rally near Immigration Minister Philip Ruddock's Sydney home.

Australia: Child detention, tell me a fable...
Democrat's leader Andrew Bartlett wants all children in immigration detention centres released, in the wake of the Family Court refusal to put a stay on one of its landmark rulings.

Amnesty calls for release of children from detention centres
Human rights group Amnesty International is pressuring the Federal Government to immediately release children from detention centres in the wake of the latest report on detainee children.

Child detainees 'living in a nightmare', report finds
A report being released today documents disturbing evidence about mental health for children in detention centres. The report is a joint work by the Royal Australian and New Zealand College of Psychiatrists, NSW University and NSW psychiatrists.

Demonstrators prepared for Baxter protest
Thousands of demonstrators will converged at Port Augusta in preparation for this weekend's expected protest at the Baxter detention centre.

Friday, July 25, 2003

Men told to change role but what for?

Who puts the garbage out?

Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.


But Pru Goward is out of touch said, Mr Equal, It's been that way for a very long time.

"That men have taken up their share of the politics of family."

Who puts the garbage out?

Sorry it's not fathers who must, Pru darling! But parents, excuse me honey.

The Sex Discrimination Commissioner who needs a new job took issue with plans for automatic 50-50 shared child custody laws proposed by the Prime Minister.

Ms Goward said the plan had to be part of a major re-think of male attitudes to work and family roles.

But Mr Equal said stereotyping males into some form of normal roll is just nonsense. Mr Equal from the human race said, people have to re-think about attitudes to work and family roles. Why discriminate against males? He said.

Ms Goward said, "The [men's] movement wants 50-50 care arrangements post-divorce, without any suggestion that men will have to put in equal parenting time while the marriage is intact or that they will need to re-arrange their lives if they want to be more involved after separation," she said.

[Now Ms Goward wants to go into your home and change your family, because men have decided they're equal, which is what women decided 20 years ago when they burnt their bra's.]

Ms Goward said these issues should be considered by the parliamentary inquiry examining the 50-50 custody plan.

Mr Equal said, when you break down people into categories and labels then you lose your ability to solve a problem, in this case parenting. "How do you know how any unique individual family needs to survive?"

"No family is the same and therefore no formula is the same. People do their best and what they are best at," he said.

Ms Goward: "Shared caring has to start before the divorce," she said. "It could drive exactly the change that the women's movement wants if it's done wisely.

"But if it is just seen as parents' rights and children's interests get forgotten, it could be very deleterious."

Mr Equal: " Shared caring has to start when you are born and when you first opened your eyes." [Nurture Nature] But if it's just seen as a mother's right and fathers and children's interests get forgotten, it could be very deleterious and even fatal.

Ms Goward warned of a possible new gender war unless men shared more of the burden of child rearing, and more of the career sacrifices needed to raise a family.

Mr Equal warned Ms Goward's bias towards gender issues and stereotyping technics could lead to a gender war "Unless people start to see parenting solutions equally and holisticaly instead of breaking people down into categories and labels.

"Trying to give people in families normal rolls is not realistic because parents like people do their best with the skills they have attained up until the time a child was born."

"Parents need to put their resources and ideas together and come up with solutions in order to survive. " he said.

Ms Goward, "Equality between men and women has hit a brick wall, and only the engagement of men in the struggle for work and family balance will move equality closer," she told the Women, Management and Employment Relations Conference in Sydney.

Ms Goward called for men to start using family-friendly work entitlements, such as unpaid parental leave and more flexible hours. She urged bosses, from CEOs down, to encourage rather than penalise men who did so.

"In reality, we do not live in a society which tolerates or venerates men who do part-time work or leave work early to pick up a sick child," she said.

Ms Goward's remarks are the first significant response by a prominent woman since the proposal for custody law changes were floated and it shows how urgently we need to start being equal as parents with attitudes like that floating around.

Ms Goward: "Our culture is such that these men are more likely to be seen as uncommitted to their careers to an even greater extent than women who allow their family life to intrude into their working life," she said.

Mr Equal's, remarks are the first significant response by a prominent man since the proposal for custody law changes were floated and it shows how urgently we need to start being equal as 'people' with attitudes like that floating around.

Mr Equal: "Our culture is such that this woman who is the "Sex Discrimination Commissioner" is bias towards men. How can that be that Ms Goward not only holds this position but still has a job and can influence a large majority of people with such nonsense?"

Mr Equal warned that Ms Goward is on a "collision course."

Ms Goward warned that work and family life were on a "collision course". Many women had to work to help pay hefty family mortgages in Melbourne and Sydney, while others wanted a career; and female participation in the workforce was needed to sustain current economic growth.

Mr Equal: "Was that Goward or Howard?"

Ms Goward, "There is only one discretionary 'choice' area: the number of children we have," she said. "No wonder the number of only-child families has increased from one in five families in 1981 to one in three families in 2001."

Mr Equal: " Many people had to work to help pay hefty family mortgages in Melbourne and Sydney, Perth, WA, QLD, Tasmania and the Northern Territory while others wanted a career: and parent participation in the workforce was needed to sustain current economic growth."

"There is not only one discretionary 'choice' area by the way: And there will never be only one discretionary choice area in any family arrangements." he said.

Ms Goward, said national leadership was necessary if men were to be encouraged to share housework and childcare duties and make more career sacrifices to do so. But she complained the men best placed to play this role political leaders in Canberra did not have family-orientated lives.

Federal Government proposal to abolish the post of Race Discrimination Commissioner

I write to alert you to a Federal Government proposal to abolish the post of Race Discrimination Commissioner (together with the posts of Sex Discrimination Commissioner, Disability Discrimination Commissioner, Human Rights Commissioner and Aboriginal and Torres Strait Islander Social Justice Commissioner).

Mr Equal, said national leadership was necessary if people were to be encouraged to be equal and share housework and childcare duties and make more career sacrifices to do so. Do people wait until after they're divorced to want more of a role in parenting? send us your feedback. It's time for equality: Whitlam Dec 2 2002.

By People 25 July 03 Work and Family Reporter

Related:

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

80-20 Family Court rule irrational: Martian
A Martian came down from Mars and he noticed that children were the products of a father and a mother. When the family split up the children were still the products of a father and a mother.

Fatherless Society "80-20 rule Vs 50-50 rule" family law
A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

Wednesday, June 18, 2003

Family Law: Shared parenting arrangements

Has the Federal Government finally woken up about child access?

My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!


A DRAMATIC shift in family law could see divorced parents given automatic shared custody of their children. John Howard is considering the radical proposal, triggering concerns about disruption for children, who mainly live with mothers, and greater conflict between parents.

The Family Court made contact orders in my favour to get some information about my children once every year in the mail. After I disagreed with the lousy access granted by the court and got angry, the police moved them upstate taking out an AVO.

In direct contravention of the Courts orders no information has been received for 5 years and I don't have a clear understanding as a sole parent about how or where they are.

Howard told Coalition MPs yesterday he was "interested in the broad concept" of rebuttable joint custody where the court presumes a child should spend equal time living with each parent unless there are strong reasons against it.

Equal time what a concept I wonder how that came about???

But there has always been a strong reason behind it (lawyers and wives).

His spokeswoman said later that the Prime Minister was "mindful of the need for male role-models for children, and the desire for both parents to have continuing responsibility for their upbringing".

But is that because it is uneconomical to pay child maintenance for the children and dole payments for their parents? Most parents won't pay maintenance if they can't see their children. And the kids are running wild with no wisdom and some lost, causing the country massive inflation because of their anti social behaviour.

The move would be a dramatic shift from present arrangements after divorce, where the vast majority of children live predominantly with their mother, but stay at their father's home maybe every second weekend.

Only 16 per cent of divorced couples in Australia have the children living with each parent for more than 30 per cent of the time.

The Prime Minister has been lobbied heavily by members of his back bench, who have raised repeatedly family support and custody issues at party meetings in recent months. Liberal MPs, including Ken Ticehurst, Barry Haase, Jeannie Ferris and Margaret May, have led the charge.

Their group has stepped up its activities after men's rights groups set up a new lobby group, the Shared Parenting Council, last October. The council has members including the Men's Rights Agency, the Festival of Light, the Lone Fathers Association, and the Family Law Reform Association. Senator Ferris last night called for a public inquiry on the issue, which accounted for up to one-quarter of electorate work for MPs.

"This is one of the great sleeper issues," she said. "It seems to me it would be far better if both parents were given overall custody and responsibility for their children, and then negotiated living arrangements, rather than the situation now where one parent has the ability to prevent the other parent having ready access."

But Patrick Parkinson, a family law professor at the University of Sydney, opposed automatic joint residence for children after a divorce. "I have sympathy with the spirit of it, but it would stack things too heavily against a child having one primary care giver which may be in their best interests and you also need to consider that both parents may not be able to care equally well for a child," he said. "It can be a good arrangement, but for some kids it's not they don't have a permanent home. "It only really works when the parents can get along with each other."

Ed: Because of the frustration of trying to get appropriate access to my children I killed my wife 11 years ago. I was convicted of her manslaughter (diminished responsibility in a crisis situation) and served 7 years in jail due directly to the frustration of equal access to our two children during the Family Court Proceedings. Not a good result? So that can't be a good arrangement either. So if I'm amongst the few who could flip out over access to our children it is because of the predisposing factors that lay in my history including the Anti-Family Court. because they failed to decide anything reasonable.


Pre disposing factors

1) not knowing my own father

2) bashed by a stepfather

3) losing our first child prematurely

4) bad one size fits all and discriminative, Anti-Family Court policy


No excuse for a killing but in our case the children of the marriage became very precious, losing the first child. And that's why it made it so important for me to be with my children at the time.

I didn't know about predisposing factors at the time either. I was just angry. Let me tell you! When the value and principal is high (children) and the decision making process is not being fair and reasonable with access to them, then you have no respect.

You gamble with predisposing factors in an individual and that's what makes all of us unique. So without counseling (a Family Court trait because of the cost) and by making (mechanical) decisions and (standard decisions) that are or seem unfair to a parent, especially if you're not prepared to listen to one parent, then every second weekend could be your worst nightmare.

Subsequently the Community Protection Act 1994 introduced by the NSW Liberal Govt now defeated by the High Court of Australia and was born out of access to the children of the marriage by a father.

So they put up a wall that no father could break. Like trying to stop the waves rolling onto a beach. You can't. Never to be released from a prison because of child access? Now only the Universe could get around that with its mercy. And it will.

To uphold your policy you make a law for one man to prevent access by keeping him in jail forever? Good on you mum Tip Top's the one. If people have to share the workload at home and women have burnt their bras for equality then the Family Court is a hypocrite in terms of the correct social response, so very necessary for the fundamental group unit of society. The family!

Now if you add up all the costs and the deaths caused by this nonsense and decide that that doesn't have to happen any more? Then change the law for the correct social response between families, because it is worth it for the children and families..


Incidentally my wife’s parents split up and her father had custody because his wife, my late wife’s mother, was leaving the marriage, for something better. In those days common sense.

But my wife was also left with that 'predisposing factor', as well as others like a premature birth of a child and the death of that child, and of course in the 1990's woman's liberation. No way was she going to leave the marriage without taking the children with her, even if she was the one who was leaving the marriage for something better.


By Gregory Kable 18 June 03

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