Sunday, June 7, 2009

Second Wife Sees the Family Court System for What it Is

Editors note: Paulette is "Bat Girl" with Fathers 4 Justice Canada.

June 6th, 2009 by Robert Franklin, Esq.

Not long ago I wrote a piece about a Texas man, Chris Taylor, who was learning some hard lessons about being a custodial father. I said that, because the family law system is so biased against them, fathers like Taylor provide a never-ending stream of potential supporters of fathers' rights.

Well, there's another group who perform the same function - second wives. Here's an article by a woman who's been divorced herself (amicably), but whose partner is going through the hell of divorce court (Alliston Herald, 6/2/09). In other words, she's seen both sides.

When Paulette McDonald and her husband were splitting up, she went to a divorce lawyer, and describes the smorgasbord she found there. "On the menu was child support, spousal support, pensions, extraordinary expenses, education costs and the list went on. It was all there and ripe for the picking."

But to her great credit, McDonald had a sense of personal integrity seldom seen these days. She was not about to take her ex to the cleaners. She wanted and got a good, amicable, long-lasting relationship with him in which her kids thrived. That's not a bad outcome in a divorce case, even if she didn't get all the money her lawyer said she could have.

By contrast, her partner is now undergoing the type of torture-by-family-court that McDonald's husband avoided. And McDonald sees the difference. She calls family courts "predatory" and "a legalized vehicle for the harrassment of men."

As surely as there are men like Chris Taylor, there are women like Paulette McDonald. Face it, there are scads of divorces going on all the time. And a large percentage of the men who get divorced, get remarried. That means there are second wives out there who are as mad at the family law system for its abuse of men and fathers as Paulette McDonald is.

That's another reason why the fathers' rights movement has such momentum. And it's why it will continue until the gross inequalities of family courts and family law are rectified.

(As an aside, I can't resist pointing out a delightful typo in her article. McDonald describes going into her lawyer's office to discuss her litigation strategy. It was there, she says that "the plan was laid out at my fee (sic)." She meant "feet" of course, but, like all Freudian slips, there's a revealing element of truth in the word she actually used that the correct one could never have had.)

Thanks to "Puma" for the heads-up.


http://glennsacks.com/blog/?p=3807

Friday, June 5, 2009

Devoted dad key to reducing risky teen sex


Moms help, but an involved father has twice the influence, new study finds


Duane Hoffmann / msnbc.com


By Linda Carroll
msnbc.com contributor
updated 8:10 a.m. ET, Fri., June 5, 2009

When it comes to preventing risky teen sex, there may be no better deterrent than a doting dad.

Teenagers whose fathers are more involved in their lives are less likely to engage in risky sexual activities such as unprotected intercourse, according to a new study.

The more attentive the dad — and the more he knows about his teenage child's friends — the bigger the impact on the teen's sexual behavior, the researchers found. While an involved mother can also help stave off a teen’s sexual activity, dads have twice the influence.

“Maybe there’s something different about the way fathers and adolescents interact,” said the study’s lead author Rebekah Levine Coley, an associate professor at Boston College. “It could be because it’s less expected for fathers to be so involved, so it packs more punch when they are.”

Understanding a father's influence in teen sexual behavior is important, experts say. One in four American adolescents under the age of 15 has had sexual intercourse and, by age 18, two-thirds have had sex, according to research. The concern is, many sexually active young people aren’t using protection, a contributing factor in rising teen birth rates. Approximately 750,000 teenagers become pregnant each year and about 3 in 10 teenage girls become pregnant at least once before age 20, according to government statistics.

For the new study, which was published in the journal Child Development, Coley and her colleagues surveyed 3,206 teens, ages 13 to 18, once a year for four years. The teens, who all came from two-parent homes, were asked about their sexual behaviors and about their relationships with their parents.

Researchers posed a series of questions about both mothers and fathers, such as “how much does s/he know about whom you are with when you are not at home?” The teens were also asked how often they interacted with their parents in activities such as eating dinner, playing games or attending religious activities.

Dad's positive effect
Parental knowledge of a teen’s friends and activities was rated on a five point scale. When it came to the dads, each point higher in parental knowledge translated into a 7 percent lower rate of sexual activity in the teen. For the moms, one point higher in knowledge translated to a 3 percent lower rate of teen sexual activity.

The impact of family time overall was even more striking. One additional family activity per week predicted a 9 percent drop in sexual activity.

Child development experts said the study was carefully done and important. “It’s praiseworthy by any measure,” said Alan E. Kazdin, a professor of psychology and child psychiatry at Yale University. “The strength of this study is that it helps us identify the children who might be engaging in risky sexual behavior.”

Why would dads have a more powerful influence?

“Dads vary markedly in their roles as caretakers from not there at all to really helping moms,” Kazdin said. “The greater impact of dads might be that moms are more of a constant and when dads are there their impact is magnified.”

Also, Kazdin said “when dads are involved with families, the stress on the mom is usually reduced because of the diffusion of child-rearing or the support for the mom."

In other words, dad's positive effect on mom makes life better for the child, Kazdin explains.

The study underscores the importance of parental engagement overall, said Patrick Tolan, a professor of psychiatry and director of the Institute for Juvenile Research at the University of Illinois in Chicago.

“For one thing, the more time you spend with them, the less time they’re going to be on their own in places where they can get into risky behavior,” Tolan explained. “Also, if you’re spending time talking to them, they’re going to get your values and they’re more likely to think things through rather than acting impulsively.”

But simply requiring more family dinners won't necessarily reduce the risk that a teen will engage in unprotected sex. The families that are spending more time together may be different in some way from those that are spending less: they may simply be warmer and have closer ties, Kazdin said. If the kids are avoiding their parents because the atmosphere in the home is tense, adding more together time isn’t going to help, Kazdin said.

Coley hopes that the study will encourage both moms and dads to keep trying to connect with their teenage children, even as their kids are pushing them away.

“While it’s normal for teens to want to pull away from the family, that doesn’t mean they don’t want to engage at all,” Coley said. “It’s extremely important to continue to do things together. And it’s up to parents to set the expectations and standards when it comes to spending time together. It doesn’t have to be anything fancy or expensive."

Linda Carroll is a health and science writer living in New Jersey. Her work has appeared in The New York Times, Newsday, Health magazine and SmartMoney.

Thursday, June 4, 2009

Families need defending








Thursday, June 4, 2009

As the authors of a new study on family breakdown in Canada suggested yesterday, in any rational society the state would have a vested interest in promoting traditional, legally married, two-parent families.

In Private Choices, Public Costs: How failing families cost us all, Rebecca Walberg and Andrea Mrozek of the Institute of Marriage and Family Canada, add to a growing body of literature that has reached exactly the same conclusion.

That is that on average, children living in traditional, two-parent families, where the parents are legally married, fare better in life in every conceivable outcome, compared to children who come from single-parent or common-law marriage homes.

And further, that when marriages break down, it's the women and children who are most likely to end up in poverty.

Indeed, "marriage breakdown" today essentially means absentee fathers.

Walberg and Mrozek estimate the cost of family breakdown to taxpayers at $7 billion annually and argue if we could cut that rate in half, society would save almost $2 billion a year.

They use $2 billion, rather than half of $7 billion, or $3.5 billion, to account for the fact that even if the family breakdown rate was cut in half, many of those still-intact families would remain below the poverty line.

Cost savings

In other words, the authors are being very conservative about the potential cost savings.

Further, as they note, lower crime and school drop out rates among the young, less drug abuse and fewer unwanted pregnancies would result from lowering the rate of family breakdown.

Walberg and Mrozek argue our falling marriage rate (in 1961, 92% of all Canadian families were headed by married couples, compared to only 69% today) isn't a neutral statistic, but a negative one.

What's interesting is that you almost never hear this painfully obvious point being made by governments themselves these days.

In other words that while, yes, there are many wonderful single parents and, yes, many couples are trapped in unhappy marriages, on the whole, it is far better for society to have more families headed by married parents, than fewer.

Why? Because the children in those families are far more likely to grow up to be well-adjusted, law-abiding and productive citizens, who will carry those values forward into the families they create for themselves.

Similarly, in the absence of strong families, the reverse is also true -- there will never be enough public money to adequately cope with the aftermath of family breakdown and all the problems it creates.

As Walberg and Mrozek observe: "There is evidence that long-term reliance on welfare has detrimental effects on individuals and society. Take England, for example, where decades of family breakdown and poor social policy have led to children being raised in homes where they've never seen a functioning marriage, or a working adult."

Never form

Actually, you don't have to go to England. You can find that in the giant urban housing ghettoes of Toronto or any other big city, where the problem isn't so much family breakdown as that "families" never form, because none of the adults know what a functioning family is.

And contrary to what your modern liberal politician will tell you, the kids who are the products of these non-families, don't need more basketball courts to help them grow up right.

They need fathers who stick around.

lorrie.goldstein@sunmedia.ca

My emails with Mr. Goldstein
Lorie:

You are taking a small slice of Canada and then juxtaposing that on all men. Its called bias. You are also concluding certain cultural values from an ethnic minority might be attributable to all men. That's also bias. You and Obama would agree on the latter but both of you would be wrong when discussing all fathers.


Mike Murphy

Sault Ste. Marie ON
Sent from Sault Sainte Marie, ON, Canada
George Bernard Shaw - "A government that robs Peter to pay Paul can always depend on the support of Paul."

2009/6/4 Lorrie Goldstein <Lorrie.Goldstein@sunmedia.ca>
- Hide quoted text -

Hi Mike:
Thanks and fair point.
I'm not saying men don't get screwed by the system.
I'm saying there are too many men who abandon their families.
Take a walk through Jane-Finch someday and you'll know what I mean.
LG
.


From: Mike Murphy
Sent: Thu 6/4/2009 2:48 PM
To: Lorrie Goldstein

Lorrie:

I think you already know the answer but I didn’t see it in the column with respect to the last line. “They need fathers who stick around.”

I left the following comments on the TS site. Shared and equal parenting isn’t the end all and be all to solve children’s problems, many other systemic changes are necessary, but it will help. It will treat men as equals and there is a much better chance the children will have a father in their lives on a continuous basis.

Mike Murphy Report Comment
June 4th 2009, 2:28pm
Brian June 4th 2009, 1:51pm -You sound like a self-loathing man and not a very well informed one at that. 75% of divorces are initiated by women in Canada, 66% in the USA. 90% of custody awards go to the mom whether contested or not. You seem to think only men have a wandering eye but you really have no clue about the real world and maybe even not your own small environment where you state 9 out of 10. Give me a break with your personal surveys. Please provide factual data before embarrassing yourself. You have no idea how you - a man - will be marginalized once you come in contact with Family Law. You have a 50% chance of that happening in your lifetime. Once there you will know exactly how much you count in terms of parenting. ZERO.
xxx Report Comment
June 4th 2009, 2:28pm
Brian, my comment, if you can read properly, blamed feminists and the left...two political ideologies...not all women are feminists, I know this may shock you. I don't blame all women, I blame certain ideologies that have persistently demonised men in matters of the family for at least the the past 2 decades.

You are probably one of those left wing ideologs judging by how quickly you interpreted my original statement as anti woman, and your bias is clear for all to see with your statement that 9 out of 10 men can't keep their dicks in their pants.

Ideology is a prison, maybe you should free your mind from yours.

Have a nice day sir.
Mike Murphy Report Comment
June 4th 2009, 2:20pm
tim June 4th 2009, 12:54pm:

Read the study before you comment rather than just the column. You are adding items to the mix that are canards. This information has been duplicated in other countries especially the UK where the socialists have created a generation of misfits relying in the welfare state to support them.
Mike Murphy Report Comment
June 4th 2009, 2:10pm
Across the nation Family Court Judges create single parent families on a continuous basis each and every day. Its a production line of dysfunction. These judges are the leading edge for the reasons behind the child poverty visible in this report. In a 9-1 ratio they, with great assistance from Family Law (FLAW) lawyers give sole physical custody to the mom. The dad, of course, will remain the ATM, the visitor - if he is lucky - the un-parent and half the man he was. Through this social engineering creating these single parent female family units, judges and lawyers are the leading cause of child poverty in Canada. Shared and equal parenting must be the default position upon marriage breakdown keeping dads involved as equals.
Brian Report Comment
June 4th 2009, 1:51pm
To XXX:

Your comment coming in blamed women, now you want to be fair?

Give me a break.

Of course not all men act this way, but in most cases women are left with the children law or not. Dead beat Dads is a common saying for a reason but it does happen the other way around but very rarely. How many single Dads are left living in poverty because the mother left them?

Anayways, i sure would like to know how we force people to stay together. Does Lorrie want the government to cover maraige counseling or force people to stay in loveless relationships? How good is that for kids?

Weird from a guy who doesn't like government in our lives.

Take care.
Yamez Report Comment
June 4th 2009, 1:43pm
I've never been married, but my last relationship would fall into the category of "She was the Queen/I was the Goat". She demanded I do EVERYTHING, while she slept all day. She was menacing and violent once she moved in with me, not so much when she had her own place & bills to pay. 2 1/2 yrs later, I realized that nothing in her was going to change, even though I made every conceivable change she wanted me to make. And when I would rightly call her on something, WHAM!! Out came the rage and intimidation, and she did put me in my place. But I said "No more". I wanted a family, but not at the cost of my soul.

"Evil" comes in both sexes. So does "Good". How 'bout psych exams for all hopeful marrieds? Now definitely seems the time.
BELLE RIVER GUY Report Comment
June 4th 2009, 1:26pm
To xxx - Coochy always wins
xxx Report Comment
June 4th 2009, 1:06pm
Hey Brian, my wife left me for a richer man after many years of love and devotion that I gave her. My dick was in my pants, but my ex wife's coochy was available for the new rich guy. Not all women are angels and not all men are demons. But the left and the law seem to think only men are to blame for family breakdown.

tim Report Comment
June 4th 2009, 12:54pm
The danger of studies like this is that ALL the social parameters are not included. What about the "virtual" single-parent families (where one of the parents is, say, serving overseas in the armed forces, or because of the nature of employment is away most of the time)? Do they produce problem-children? What about the original society of the parents, where siring as many kids as possible with different women who buy into that model as a sign of manhood, or Widowed Single-Parents? Sorry, too many variables in the study lto make these conclusions.

NJ Dad Vows To Fight For Son Stuck In Brazil

Even dads who can get the President of the USA and the Secretary of State, Hillary Clinton, to discuss the matter with their ranking counterparts in Brazil doesn't guarantee success when it comes to getting rightful custody and beating down the effects of Parental Alienation.MJM

Monday's Court Order Reuniting David Goldman With Son After 5 Year Custody Battle Rescinded

SAO PAOLO, Brazil (CBS) ― The New Jersey father battling to win custody of his son who has been living in Brazil for the last four years vows he'll never give up. David Goldman's hopes of finally getting his son Sean back to Tinton Falls were dealt yet another crushing setback on Wednesday, but he tells CBS 2 he's determined to keep fighting.

Goldman spoke with CBS 2's Don Dahler on Thursday afternoon, shortly after he had a joyful visit with his now 9-year-old son.

"We jumped on a trampoline together and then he was showing me his wrestling moves on the trampoline," he said. "To me, the moments are precious. I wish they were longer. It's a tragedy."

Goldman, who flew to Brazil after a federal judge ordered the family of his deceased ex-wife to give his son back to him, was crushed when at the last minute a Supreme Court justice there suspended that decision in a hand-written ruling, which was shown on Globo TV, the Brazilian network with ties to the family that holds the boy. That justice, Marco Aurelio Mello, says before Goldman can regain custody of Sean, the will of the child must be determined – a concept dismissed earlier by the federal judge as absurd.

"It is not proper to ask a child at the tender age of nine to make this decision," said Brazilian Federal Judge Rafael de Souza Pereira Pinto.

"There was a very competent report by three Brazilian court-appointed psychologists that clearly stated Sean is a victim of parental alienation syndrome," said Goldman.

It's a syndrome which has also been described as "brainwashing."

"It's tragic that my son is being victimized and I can't save him," he said.

Joao Paulo Lins e Silva is the man trying to keep Sean from his biological father. He married Sean's mother after she took the boy to Brazil and divorced Goldman. She died after childbirth last year.

"I can never give up on my son. And every time I come here and every time I go through something like this it's just a greater and greater urgency to free him," Goldman said.

The Lins e Silva law firm is considered a top organization in international child abduction cases, only usually, they represent the interests of the parent left behind, like David.

New Jersey Congressman Chris Smith (R-N.J.) is introducing a bill next week to punish Brazil economically for ignoring the Hague Convention treaty on parental abducted children.

Wednesday, June 3, 2009

In New Brunswick ~ Taskforce wants to keep more family cases out of the court, use mediation instead






Report recommends major family law reform



Published Wednesday June 3rd, 2009
A6

FREDERICTON - Justice Minister T.J. Burke says a report calling for major reforms to the province's family justice system will completely change the face of how such cases are dealt with, adding that it's the most important initiative he's undertaken in his judicial portfolio thus far.

The taskforce report urges the family law system to approach cases outside of a traditional courtroom setting whenever possible, recommending greater mediation in such cases.

Many of the recommendations are based on a family law pilot program in Ottawa, where families are required to attend a 'triage' day without filing any affidavits for a day in court. In Ottawa, families fill out a form describing the type of relief they're requesting and meet with a mediator instead of a judge. Families only file a short-form affidavit and appear before a judge if no agreement can be reached. Afterward, if an agreement still can't be reached, the case moves on to the regular court process.

The taskforce offered 50 recommendations it said would create better access to family law in the province. Burke said his department would investigate every recommendation offered and carry out cost analyses for each one.

Burke said he was committed to overall reform.

Retired family court judge Raymond Guerette served as the task force's chairman. Guerette said the report's main priority is to elevate the well-being of families, particularly children. He said that neither families nor children are considered top priority in the current system because of the adversity of the entire family court set-up.

Guerette added the quicker the family law system is reformed, the better.

"The object is to keep the case moving through the system because, right now, it takes too long to get anything done," he said. "Sometimes a mediator will pick up the phone and resolve a visitation problem ... You don't need a notice of motion or an affidavit or a court hearing six months down the road for that."

Burke said efficiencies would certainly be found in a reformed system. The department's plan is to implement elements of the report in one of the province's judicial districts by the end of September, likely in place where the family court docket is severely backlogged.

Mary-Eileen Flanagan, a member of the task force, said their work wasn't done and they'd be continuing to work to see the reforms come to light. "We know the horizons are short and we said we'd be on (the minister's) speed dial between now and the end of September," she said.

Progressive Conservative MLA Tony Huntjens, the Opposition justice critic, said he was impressed with the report and its recommendations, adding that he hoped it wouldn't be "like other reports that end up collecting dust on the shelf."


From the CBC

Justice Minister T.J. Burke said he accepts the findings of a scathing report that says the family court system is dysfunctional — and he is promising action.

'I have no doubt in my mind that we are make our best efforts to adopt as many of them as we possibly can over the next 24 to 48 months.'— T.J. Burke, justice minister

The Access to Family Justice Task Force report said families are facing unacceptable delays in seeing their cases resolved because the system is overwhelmed by paperwork and by procedure.

Burke said he is striking a committee which will look at how to implement the recommendations from the report. As well, a pilot project will start this fall intended to ease the pressure on the family court division.

"I have no doubt in my mind that we are make our best efforts to adopt as many of them as we possibly can over the next 24 to 48 months," Burke said.

Burke said he accepts the report's main point that spending a bit more on alternatives at the outset will cost the system less overall.

Justice Raymond Guerette, the task force's chairman, said in the report —which was released Tuesday and includes 50 recommendations — that the family justice system has deteriorated over the last 15 years.

The report attributed the worsening state of the system to a variety of factors, including an almost 50 per cent jump in people without lawyers, an escalation in the number and complexity of hearings in child protection cases, and "perceived procedural requirements."

"The object is to keep the case moving through the system, because right now it takes too long to get anything done," Guerette told reporters.

Court workers spend too much time on paperwork

The report said court workers, including social workers, spend most of their time on paperwork, rather than resolving family disputes.

'Being a single parent is bad enough as it is, without this family court adding to their problems.'— Judge Raymond Guerette

The best interests of children are secondary to what the report calls "excessive procedural demands."

The report proposed a triage model that would divert some cases to mediation or to other services to lower the court's caseload.

Guerette said that recommendation will save money in the long run.

"Our finding is that the longer a case remains in the judicial system, the more it costs," he said.

However, the province recently cut some of the very services in the recent budget that the task force report says are needed, such as mediators.

With the problems facing the court process, Guerette said the system is insensitive to what families are going through.

"It's insensitive, because it doesn't take into account the anguish and the anxiety of single parents who have to go through the system to obtain a remedy or some relief. Being a single parent is bad enough as it is, without this family court adding to their problems."


Story comments (6)
Mike Murphy wrote:Posted 2009/06/04
at 11:47 AM ET
'Being a single parent is bad enough as it is, without this family court adding to their problems.' — Judge Raymond Guerette"
__________________________________________________
This quote is telling and it is easy to see where this judge's sympathies exist. He, along with a cabal of other Family Court Judges across Canada, create these single parent homes. It is code for female headed single parent homes as that is what happens in 90% of cases. So this judge wants to make it easier on the single parent female and at whose expense? The dad, of course, who will remain the ATM, the visitor, the un-parent. Guerette, and his colleagues, through their social engineering creating these single parent female family units, are the leading cause of child poverty in Canada. According to all studies domestic and international single parent female units are also the least safe and most socially oppressive places for children. With judges like him involved these reforms will go no where. They are dealing with the edges. A presumption of equal shared parenting is needed in the children's best interest before anything substantive will occur. Look to the model created in Belgium, by a feminist Minister no less, to see where NB and the rest of Canada should be headed.
  • 7
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You agree with this comment Policy Report abuse
nbcepa wrote:Posted 2009/06/04
at 10:19 AM ET
The report appears to be an exercise on “dusting off” and rearranging the court furniture and changing the “emperor’s new clothes”. In other words, it lacks true substance and brings in more bureaucracies and government agencies to the nation’s bedrooms. Note that in the task force there was a lack of equal gender representation, little emphasis on equal parenting as a presumption, fairness in child support payments, especially when the custodial parent makes more than the non-custodial or non-residential parent , and the mention of parental alienation was like a ”flash in the pan”.

The report may appear be a start in the right direction but not as impressive as the photo op of the task force members.
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You agree with this comment Policy Report abuse
NB_citizen wrote:Posted 2009/06/03
at 12:21 PM ET
what is a government "promise" worth these days?
LoneRanger wrote:Posted 2009/06/03
at 11:16 AM ET
Ever since trudeau the liberals have treated our Children like feeder stock. And nothing is about to change, like in Alberta!
DanFour wrote:Posted 2009/06/03
at 10:52 AM ET
Translation: If you aren't rich, get ready for a new form of justice - where allegations need not be proven and personal rights are thrown in the trashbin.

Recall that not too long ago, hundreds of New Brunswick's troubled youth were systematically raped for decades in a prison system - one patsy was briefly imprisoned and a cover up ensued.

What has changed since then that social workers and foster homes (much more likely to result in abuse and forced psychiatric medication than the biological home) should be handed cart blanche to take away kids?

This is what happens when the debt-slavery system disintegrates - children of the poor are stolen and shipped off so that the awful truth of our societal pyramid scheme is not so evident.
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In OZ ~ Flaws' in John Howard's parenting law

It looks like the eunuchs in OZ are coming out in full force now that dad's have a more equal playing field. It would appear they are patriarchs who believe the moms are mere children and because were ruled against by the courts need the hand of the nanny state to fulfill their true destiny - whatever it is in their minds that particular day. The mom can't run home to mommy and apparently is unemployable so the bad judges are at fault. Note also the last statement there is "indisputable" damage but no attribution is offered to this statement. Is it, as is mostly the case when defending victim feminism - opinion - or are there peer reviewed studies?MJM





Caroline Overington | June 03, 2009

Article from: The Australian

THE shared-parenting law introduced by the Howard government is deeply flawed and must be either amended or thrown out and replaced with something new.

That is the view of Patrick Parkinson, who was chairman of the Family Law Council when the legislation was being developed, and the council's current chairman, John Wade.

Professor Wade said the Family Law Amendment (Shared Parental Responsibility) Act of 2006, designed to give children access to both their parents after divorce, was incoherent, "filled with gobbledegook" and failed to give judges "the clear signals they need to make good decisions".

"So there have been some horrible decisions," Professor Wade added. He said it set up false expectations for fathers, who believed it would guarantee them a 50-50 time split with their children, and it condemned other children, including infants, to a damaging cross-country "shuttle life" between warring parents.

Professor Parkinson said the amendment did not give clear signals, nor give judges enough guidance on when shared parenting was appropriate and when it was not.

"There have been some cases where children under the age of two are doing week-about (one week with the father, one with the mother) and often travelling long distances," Professor Parkinson said. "Young children often do well with frequent contact with both parents, but it is important to avoid long separations from the primary caregiver.

"If you've got mum and dad living around the corner it might be fine because frequent short visits are possible."

He said the law needed "tweaking". "It's sometimes that the parliament needs to send clear signals," he said. "This is not a coherent piece of legislation."

The Australian has recently reported on Family Court decisions that have troubled some family law experts. In one case, known as Irish and Michelle, the Family Court ordered that two Tasmanian children be removed from the care of their mother, with whom they had lived all their lives, to live with their father, who had moved to Melbourne to be with his new girlfriend. There was no abuse or neglect.

The judge thought the mother had not encouraged the children to maintain a relationship with their father after he left home.

In another case, known as Rosa and Rosa, heard in Townsville last month, a mother was told she could not leave a remote mining town in northwest Queensland with her five-year-old daughter because her ex-husband wanted to stay there and work. The couple had lived there less than a year before they broke up and the mother, who said she would not leave without her daughter, is now confined to poverty, and life in a caravan.

Professor Parkinson said judges in different states were interpreting the law differently. In Victoria and Western Australia, for example, parents were more likely to be allowed to relocate with a child after a divorce than in NSW.

The Family Law Council - a statutory body established in 1976 to give the attorney-general advice on whether family law is working, and which comprises judges, lawyers and family law academics - recently compiled a paper on shared parenting that found a "new breed" of family disputes had cropped up in the Family Court since the shared parenting amendment was enacted, "namely attempts to stop the primary residential parent from moving within or across a city".

Some members of the council are also concerned about the "undisputed damage to young children engaged in shuttle lives".


ABC Online

ABC Online

The World Today - Family law experts say 50-50 rule doesn't work

[This is the print version of story http://www.abc.net.au/worldtoday/content/2008/s2587963.htm]

The World Today - Wednesday, 3 June , 2009 12:38:00

Reporter: Jennifer Macey

PETER CAVE: Family law experts are calling for the shared parenting law to be scrapped or radically overhauled, saying that the 50-50 parenting rule doesn't always work.

The law was introduced by the Howard government in 2006 and put greater emphasis on children spending equal time with both parents.

But the head of the Family Law Council says this often gives fathers a false expectation that they will be granted equal time, when this isn't true for the majority of cases.

Jennifer Macey reports.

JENNIFER MACEY: The Howard Government introduced changes to the Family Law Act three years ago, claiming that equal time with both parents would be in the best interests of the child.

But the chair of the Family Law Council, Professor John Wade from Bond University, says the changes were hastily written gobbledegook.

JOHN WADE: The amendments appear to have been bought in very hurriedly and pasted together at the last moment, with a lot of compromises of wording with the result that you need a PhD in statutory interpretation to understand what the amendments mean when they talk about shared parenting and presumptions.

It's extremely difficult to understand and I think it's placed a very unfair burden on judges, to in the few cases that get to court, to try to interpret what this means.

JENNIFER MACEY: Professor Wade says the laws create two problems, firstly, the children aren't always best served by being split between two homes and secondly, that many parents are wrongly given the impression they are entitled to a 50-50 shared arrangement.

JOHN WADE: And they begin negotiations with arguments that, "Oh but I'm entitled to 50-50" as a starting point in the bidding, and that's led to some very unfortunate settlements where people have agreed to young children being substantial equal time between parents and shuttling them across cities or across the country.

And that's not the judges' fault, that's because people use the words as levers in negotiations.

JENNIFER MACEY: Since the law was introduced there's been much debate about whether equal shared parenting is in fact the best thing for children.

Clive Price is the director of Unifam, the family and relationships counselling arm of the Uniting Church.

CLIVE PRICE: From my experience in talking with children, living in two households is always going to be more complicated than living in one. Kids complain about never knowing where their homework is, about only being able to play sport every second weekend, and lots of practical things.

But much more importantly it's the conflict that kids are witnesses to and are caught up in, the tug of war between two parents that has the biggest impact and effect on children.

JENNIFER MACEY: He believes separated or divorced couples should be given more support in how to actually manage the shared parenting arrangements.

CLIVE PRICE: 'Cause a lot of money and a lot of resources goes into sorting out what the arrangements are going to be, but I think we need to have more resources into equipping parents after separation to know how to manage these new and often complex arrangements.

JENNIFER MACEY: While the rhetoric of the equal custody laws was that the presumption of courts would be to share parenting, in reality, judges seem to be reluctant to grant a straight 50-50 split in most cases.

Figures released by the court from more than 1,400 cases finalised in 2007 and 2008 show that only 15 per cent of cases actually resulted in equal time.

But Professor John Wade says the reality is that divided custody is hard to maintain.

JOHN WADE: The stats can be very misleading 'cause they're not giving you the picture of the other 95 per cent of, or 96 per cent of cases that settle, and they're not telling you what happens a year later.

And the initial research says a year later these arrangements just aren't working.

JENNIFER MACEY: The Government has commissioned the Australian Institute of Family Studies to review the Shared Parental Responsibility Act and report back in December this year.

But Professor Wade says that's too late.

JOHN WADE: I think you should act sooner rather than later, you shouldn't fiddle while Rome burns.

JENNIFER MACEY: But Patrick Parkinson, the former chair of the Family Law Council and Professor of Law at the University of Sydney, says there's no need to scrap the current law.

But he says it may need some tweaking.

PATRICK PARKINSON: Courts need further guidance and lawyers need further guidance on when shared care is and is not appropriate.

You've got to be very careful with shared care arrangements under about five-years-old because of the attachments that very young children have to their primary carer. You don't want to have long gaps between the time they see mum.

It's better to have frequent short visits from dad rather than to have long separations from mum.

So there's some clarification needed, I think it's important to give further clarification around the issue of relocation.

But it would be a grave mistake to think that the whole legislation is deeply flawed, it would also be a grave mistake to amend the law on the basis of anecdotes or horror stories. We need proper evaluation, proper research and careful thought.

PETER CAVE: Professor Patrick Parkinson from the University of Sydney ending that report from Jennifer Macey.


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