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A Recent Australian PAS (alledged but obvious) Case

 
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cogs



Joined: 09 Apr 2009
Posts: 490

PostPosted: Wed Dec 01, 2010 8:34 pm    Post subject: A Recent Australian PAS (alledged but obvious) Case Reply with quote

Out of a page of incredibly biased conclusions here is one related to PAS which has a small degree of understanding of the fathers point of view.

A recent case in Australia touching on this subject.

Here is part of the judges comments:

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24. I could not be satisfied, notwithstanding the acerbic submissions on part of the
father that the mother has set out to alienate the children deliberately. In
particular, I reject the proposition that R, and for that matter, L, has been part of
some so called parental alienation syndrome. This syndrome has been
significantly discredited in the literature. This matter was not raised in that
form during the course of the proceedings. Even assuming there was some
validity to the proposition that there is such a syndrome (the validity of which
contention I reject) each case must substantially rely upon its own facts and
circumstances. Further, the high point in the so called syndrome is the
allegation that there is a deliberate alienation on the part of one parent. That
cannot, in my opinion, be said to have been made out on the evidence before
me in this matter. That the mother has influenced the children in their attitude
towards their father is, in my opinion, incontrovertible. That the mother has
had inappropriate discussions with the children, in particular with R, is equally
clear. I do not accept on the motherís evidence having listened to her in the
witness box and having read all of her affidavits that she has set out
deliberately to alienate the children from their father. I believe that the mother
clings, unreasonably in my opinion, to the belief that the father has physically
abused L. This is unquestionably influenced her ordinarily jaundiced view of
the father and probably provides a reason for, but not an excuse for, or a
FamCA Reasons Page 6
satisfactory explanation for, her approach to: the boysí time with their father;
their relationship to their father; and their attitude to their father.
25. I have criticised the father for his lack of insight. The mother similarly exhibits
no insight in relation to this matter. The mother fails to understand that not
only would the boys having a proper relationship with their father and spending
time with him provide her with some of the respite that she now seeks
professionally, but would also enable the young men to grow into more
appropriately socialised human beings with an understanding that they are not
responsible for the difficulties their parents have created for themselves.

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I am not a professional advisor or counsellour, just a loving father and victim of alienation, financial ruin and false accusations.
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Neb-Maat-Re



Joined: 18 Jan 2008
Posts: 386

PostPosted: Thu Dec 02, 2010 11:29 am    Post subject: Re: A Recent Australian PAS (alledged but obvious) Case Reply with quote

Thanks for posting this, Cogs.

I have to say that reading this has made me quite angry.

How can a Judge can find:

Quote:

That the mother has influenced the children in their attitude
towards their father is, in my opinion, incontrovertible.


and:

Quote:
That the mother has had inappropriate discussions with the children ... is equally
clear.


and:

Quote:
I believe that the mother clings, unreasonably ..., to the belief that the father has physically abused L.


but then say:

Quote:
I do not accept ... that she has set out
deliberately to alienate the children from their father.


So, she's just done it all accidentally, then?

Or is the Judge saying she has done all these things deliberately but without any consideration of the consequences? Surely that is tantamount to negligence!

And if this is true:

Quote:
The mother fails to understand that not only would the boys having a proper relationship with their father and spending time with him provide her with some of the respite that she now seeks professionally, but would also enable the young men to grow into more appropriately socialised human beings with an understanding that they are not responsible for the difficulties their parents have created for themselves.


what then has the Judge actually done about it?

The small degree of understanding demonstrated by the Judge is akin to a back-handed compliment.

Clearly the mistake the father in this case made was using the word "syndrome".

The lesson here is to say that your children have been alienated from you - but do NOT mention "Parental Alienation Syndrome".


Last edited by Neb-Maat-Re on Thu Apr 07, 2011 3:47 pm; edited 1 time in total
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cogs



Joined: 09 Apr 2009
Posts: 490

PostPosted: Thu Dec 02, 2010 12:52 pm    Post subject: Reply with quote

Yep, PAS is still a dirty topic.

What I found very hard to comprehend reading through the other First Instance Judgements is no matter what the fathers put forward, it was quashed and the mothers given leway. Where the mothers were considered not to be following the law or doing the right thing were given far more broader range of excuse.

This is really "The Stolen generation of Today" and totally accepted!

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D4E



Joined: 05 Jan 2006
Posts: 2045
Location: Western Australia

PostPosted: Thu Dec 02, 2010 1:11 pm    Post subject: Reply with quote

It really does show how many ways you can get out of being an abuser.

I can understand what the judge is saying about the mother suffering mentally and acting on those delusions and the judge states those actions have aligned the kids and alienated the children, the judge also states that more time with the father is good and gives needed respite to the mother which will help reduce the pressures of her condition.

I haven't read the whole case but whats been posted also seems to indicate the father fought using P.A.S. as a significant portion of his strategy making it an easy job for the judge to dismiss any real concerns that should have been acted upon.

We always tell people be really careful about introducing P.A.S. into a court case.

All this is going to get worse in the near future which is concerning me greatly, once again there is going to be a flood of fathers out there with no support and getting ripped apart by the system, it's not good at all.

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Altricio Tan



Joined: 05 Jan 2006
Posts: 413
Location: NSW

PostPosted: Thu Dec 09, 2010 4:10 pm    Post subject: PAS or not PAS? Reply with quote

Mentioned this elsewhere. Children wrote me hate letters.
Ex- alleged she had absolutely nothing to do with them. Said she even did her best to convince the children the importance of maintaining relationship with their dad. But the children hate me so much ......
But how come ex- had copies of those letters presented in Court? Guess the children poke a gun at her head and said, "Mum, you better make copies of these letters and present them in Court. Otherwise, we'll blow your brains out".
Kids, able to know how to plan such things? Guess they've been taught in school.
Makes sense, doesn't it?
And why did she institute AVO proceedings against me on behalf of our son? Confused

How long ago was that when the then AG Mr. Ruddock launched the massive Family Law System Reform Program? Has the system improved since?
Cheers

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"If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost."
- Barack Obama


Last edited by Altricio Tan on Fri Aug 03, 2012 11:05 am; edited 1 time in total
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Altricio Tan



Joined: 05 Jan 2006
Posts: 413
Location: NSW

PostPosted: Tue Apr 26, 2011 3:15 pm    Post subject: Why not asset settlement as well? Reply with quote

Don't know what makes her so dumb but it did work. My Application for Contact with the Children was a fiasco.
So, why shouldn't she do something similar with the asset settlement?
Cheers

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- Barack Obama
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