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Mothers' rights activist push is on to review family law

A national campaign against family violence has called for urgent changes to the Family Law Act to protect children from ALLEGED violence by fathers during court-imposed access visits.

'Interesting' how Family Court of Australia boss, Diana Bryant (reported Sat 2nd May in the SMH by Adele Horin), fell into step with this campaign.

And that just a day or so BEFORE the Sunday 3rd May protests.

It gives the appearance that she is part of a larger campaign (that would have started with the election of the ALP feminist government) to take us back to a time when mothers held and unhealthy sway over children's contact and interaction and involvement with their fathers.

Push is on to review family law

The Age (Melbourne)
4 May 2009

Push is on to review family law
By Selma Milovanovic

A national campaign against family violence has called for urgent changes to the Family Law Act to protect children from violence by fathers during court-imposed access visits.

In 2006, to emphasise shared parenting, the act was amended to balance the need to protect a child from violence with the child's benefit of having a meaningful relationship with both parents.

But some experts say the two principles are contradictory in cases of family violence.

At a Melbourne rally of Mayday! Safer Family Law Campaign yesterday, family lawyer Sarah Vessali said court practitioners who were out of touch with issues of family violence needed to be better educated in protecting children from harm.

She called for more legal aid funding, saying many women faced court unrepresented as funding had been cut. She said contact centres, which helped domestic violence victims, and crisis accommodation also needed better funding.

Family Court Chief Justice Diana Bryant said some changes were needed, but in a speech last week she lashed out at campaign organisers, calling them "the loudest and most shrill of voices" who "succeed in attributing blame of the murder of a child to, and only to, the Family Court or family courts".

Chief Justice Bryant has written to federal Attorney-General Robert McClelland suggesting part of the act be repealed, as the wrong interpretation of the law meant some women in custody hearings were less likely to report violence to the court.

She said yesterday she was "hearing a persistent view that the existing legislation gives mixed messages and should have a more obvious protective focus".

The act obliges family courts to take undefined "prompt action" in cases where violence or risk of violence is raised.

In a speech at Queensland University of Technology last week, Chief Justice Bryant said she was concerned about a section of the act that orders the awarding of costs against the party that maliciously makes false allegations of violence.

She said it was commonly misunderstood by families and lawyers to mean costs would be awarded against the complainant if they could not prove the violent act occurred.

She is also urging a review of a part of the act that could be interpreted as unfavourably considering a parent who alleges violence.


Court statistics for 2007-08 show that in litigated cases, 50-50 custody was awarded in only 15 per cent of cases. In 6 per cent of cases the father was banned from contacting the children because of abuse and family violence.

Ms Vessali said she was frustrated by the Family Court which, in most cases, awarded access to children for violent fathers despite the intervention orders her clients held against them.

What is to be appreciated is that all who are compelled to go into thr Family Court of Australia have to pay with their minds and sometimes money.
If the Chief Justice regards false claims as being inconsequential then she will need more courts, judges and lots lots more funding than she currently has.
She might explain how mothers whom have the children removed in Magellan hearings in some instances cause the court substantial expense when trying to control access to the father.
The challenges that arise from uncorroborated allegations are not resolved by current procedures in all the courts. Local, Children's and Family Courts are chocked with cases. Only an exposure of all types of events that befall children regardless of the sex of the the abuser will remediate the communities concerns.
It is time for both sexes to fight in the interests of the children, rather than against each other.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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