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Family Law Amendment (Financial Agreements and Other Measures) Bill 2015

The proposed amendments to the Family Law Act 1975 include
  • Enable state and territory courts making an interim family violence protection order to suspend or vary existing parenting orders until either a time specified by the court, or another court order is made;
It get's worse. First the $200M National Plan to neuter men and now this nail in the coffin of shared parenting. The conservatives are more radically feminist than Gillard.

An interim family violence order is given to a woman for just turning up. "He texted me", "he looked at me angrily", "he won't do what I say", "I'm afraid"…. Goodbye Rice&Asplund threshold. A $100K  parenting order will not be worth the paper it is written on - or the 2 years to get it.

The Act must be amended so that only criminal AVO's are considered.
I agree… It is an excellent tool to further erode contact where interim contact orders or even final contact orders are made and where the ADVO is vexatious or mischievous.

We will need to immediately contact members to raise this matter.

Executive Secretary - Shared Parenting Council of Australia
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If this change is passed by Parliament, the magistrate will be able to take the children away from the other parent on a quasi permanent basis.
 
This is without the due process of a proper hearing.
 
This is quite a significant change.

The NCPP(EP) submission is attached. 




Attachment
At a time when the courts are blowing out to YEARS for a hearing, this is the last thing that is needed. It seems you can be guilty until proven innocent in Australia. if this is passed it is a dreadful step backwards

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
I think the major problem is in the widening of the definition of domestic violence. It become ridiculous that if a male looks sideways, frowns or even choosing to just ignore his partner some a claiming this is domestic violence.

From what I have seen in INTERIM orders are often given as the application is often heard ex-party (with only one sides evidence), so if the magistrate is satisfied that the case warrants and order they will issue an Interim one and then joint conferences and final hearing if required. Very often I have seen the interim order then dropped and a undertaking provided at conference.

So I would take more issue in the definition of what constitutes violence to allow the AVO to be issued in the first instance. As if there was a case of sever physical domestic violence for example that was heard ex-party and an interim order issued, there may well be strong grounds for changing the parenting arrangements before a final order was issued.

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