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Family Court reasses it's own decisions

 
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Guest1
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PostPosted: Tue Oct 30, 2007 3:08 pm    Post subject: Family Court reasses it's own decisions Reply with quote

I was upset to read this account in the SMH.

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I am sure there's another side to this story and if anyone knows it, please share it here. Not knowing the full story, I am disheartened to think any father would take the legal process to this extreme. Surely he must have considered the mother of the children going to jail as an extreme form of punishment and hardly in the best interests of his children?

I am a supporter of fathers and mothers having a fair go and equal time with their children. I detest any parent that purposefully denies or disrupts the other parent having time with their children. Having the other parent jailed must be the most extreme form of this behaviour, court sanctioned apparently.

Shame on the father, shame on the judge and a pox on the system that would deny the children a mother for several weeks.

Thankfully, justice eventually prevailed.

This case puts us all to shame, lets have a fair go for every parent!
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D4E



Joined: 05 Jan 2006
Posts: 1856
Location: Western Australia

PostPosted: Tue Oct 30, 2007 9:19 pm    Post subject: Reply with quote

Hey Viking Princess

Had to admit the way the article was written it seemed very harsh to the mother, but I looked up a little more and read a few more articles. It seems the mother refused to allow contact with the father and was already on good behavior bond for breach of court orders.

Comments of " I do it all again " and such perhaps dignify that the magistrate felt he had no choice but for making his decisions in hope that in future the father would be allowed contact with the kids.

I've personally had dealings with how papers sensationalize tragic events to insight opinion, rarely is events straight forward.

For anyone in the FLC system to use such a warning which I might add is in the family law, is rare indeed and he would be aware that the decisions would open him up to all kinds of criticism and would not of done it on a whim.

Don't forget it was not the father who sentenced the woman , all he was trying to achieve was contact with his children which she had denied him for five years and this was even after the courts told her the father had rights.

To many who have suffered unforgivable terrorism at the hands of the other parent and had our children held hostage from us, a message as this magistrate gave could influence the childs Alienating aggressive parent that there is punishment for their crimes.

But I could be wrong, but I did find it unusual for someone to have the strength to apply the law.

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Aussie



Joined: 02 Dec 2005
Posts: 283
Location: Qld.

PostPosted: Wed Oct 31, 2007 7:53 pm    Post subject: ? Reply with quote

parental alienation is child abuse Censored Censored

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Last edited by Aussie on Sat Nov 03, 2007 1:55 pm; edited 3 times in total
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gabrielefink
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Joined: 15 Nov 2005
Posts: 107
Location: Germany

PostPosted: Thu Nov 01, 2007 12:17 am    Post subject: Reply with quote

FAMILY COURT OF AUSTRALIA
Dobbs & Brayson, PDF download of judgment (220KB)

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D4E



Joined: 05 Jan 2006
Posts: 1856
Location: Western Australia

PostPosted: Sat Nov 03, 2007 1:52 pm    Post subject: Reply with quote

Thanks for the link gabrielefink,

As usual when reading judgments or legal explanations for decisions it takes me a while to digest, their is nothing to say that the judge did anything he was not entitled to do but rather did not explain his actions enough to satisfy scrutiny of an appeal body.

I'm not all the way through yet and will need to read it several times.

I may be wrong but I believe Tony Miller has commented on the situation perhaps if he did it may be posted.

So far though it seems the mother was given every opportunity to avoid the situation and offered no physical proof that her financial position existed and has thumbed her nose at the authority of the FLC.
Although the judge voiced his opinion it does not appear that he has explained with enough reasoning for his opinion. Perhaps to hasty, perhaps not exploring other possibility's or simply a ploy to access time for the children to establish a relationship with their father and as the fathers council has requested jail time due to the gravity of the alientation.

This is only an initial view so far and if I am mistaken I certainly will apologizes as soon as I have read and re-read the apeal.

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ImaDAD



Joined: 16 Dec 2006
Posts: 106

PostPosted: Mon Nov 05, 2007 12:03 pm    Post subject: Re: Family Court reasses it's own decisions Reply with quote

viking princess wrote:
I was upset to read this account in the SMH.

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Register or Login on forum!



I am sure there's another side to this story and if anyone knows it, please share it here. Not knowing the full story, I am disheartened to think any father would take the legal process to this extreme. Surely he must have considered the mother of the children going to jail as an extreme form of punishment and hardly in the best interests of his children?


From the PDF file linked by Gabrielefink...
-----
14. The evidence satisfies me that I ought to deal with this case as a
more serious contravention. That is, I should deal with it under
Subdivision F of Division 13A of Part VII of the Family Law Act
1975. It is a case where the mother has in the past been placed on
a bond for breaching orders
,
although not the orders with which I
am immediately concerned. It is a case where she made a
conscious decision not to comply with orders of a Court in face
of a very clear statement by the presiding Judge as to the
consequences that might be visited upon her if she did not
comply. -------

If the mother had no regard for complying with orders prior to this, what is left for the courts to do other than keep on slapping the contravener on the wrists and say, "Don't do it again and again and this time I will say I mean it, but still slap you on the wrists"
Any person who continually breaches the orders shows clear contempt of the court and the process and IMO they need more than a slap on the wrist and a court to just shake their heads at the person breaching the orders.

Should the habitual contravener walk away scott-free laughing in the face of the courts and leave the other parent forever unsure if she will breach again and again?

Quote:
I am a supporter of fathers and mothers having a fair go and equal time with their children. I detest any parent that purposefully denies or disrupts the other parent having time with their children. Having the other parent jailed must be the most extreme form of this behaviour, court sanctioned apparently.

Life experience proves there are indeed woman who just don't give a hoot about the father and if he gets to see his kids. One would only need to look at families where the kids each have a different dad and then see if any of them see their dad. My kids get to see me but their elder sister does not get to see her father and their younger brother does not get to see his father. My ex tries to stop me seeing my kids and breaches time and time again and at some time I would hope the courts take the matter seriously. To see a judgement where someone who contravenes orders can get more than a slap on the wrists is sort of reassuring that the courts do show their teeth sometimes.

Quote:
Shame on the father, shame on the judge and a pox on the system that would deny the children a mother for several weeks.

Lets just forget about the dad waiting to see his kids and wondering if they will ever turn up.
Quote:

Thankfully, justice eventually prevailed.

This case puts us all to shame, lets have a fair go for every parent!


A fair go is ensuring that everyone complies with the courts orders rather than wiping their you know what with them :P

Cheers

ImaDAD Smile


Last edited by ImaDAD on Mon Nov 05, 2007 1:52 pm; edited 1 time in total
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D4E



Joined: 05 Jan 2006
Posts: 1856
Location: Western Australia

PostPosted: Mon Nov 05, 2007 12:26 pm    Post subject: Reply with quote

The initial article in the news seemed to be bias towards the jailed mother and did not include all the facts ( how unusual ).

Unless you research the situation then the truth or shall we say the complete set of facts are unknown.

Does anyone know if it made news that she was sentenced or was it just the appeal decision ???????

It would also be interesting to see if the decision of the appeal will make the news, especially if it falls in favor of the father but is reduced to community service or fine.

There are many out there who breach orders that need to know there are punishments for their actions, they do not need more support for them as the article in question gives.

V.P. would have been like many who read the article, outraged for the poor mother who couldn't afford petrol because the childrens father gave no support and this is what the article is designed to do. Create outrage towards fathers and show how male FLC judges are becoming more and more leaniant towards fathers.

I doubt very much that the reporter themselves checked the fact of his source but lets face it the public know journalists have little integrity and even less ethics and more than likely a directive not to upset the exceptionally loud minority who object to fathers being part of their childrens life.

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