New stategy - Protect children from one parent excluding the other parent on separating
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#1441 (In Topic #479)
Simon Hunt proposes a new approach with discusson around new legislation that stops one parent from excluding the other
Simon Hunt saidTo all,
The government would I believe find it hard to confirm support of either parent making the decision to exclude the other parent from a child's life without the authority of the court.
All "stake" holders accept the damage sole parenting does to children, together with the damage caused by the litigation itself.
The advantages of tackling the problem at its source (as opposed to making claw back easier/fairer) is that the majority of cases wouldn't even start (no aggrieved parent to take the matter to court). Even if the laws stayed the same Judges would be inclined to maintain the status quo putting onus on the occasional parent who insists on exclusion to endure Family Welfare reports etc to support their claim (rather than the other way around).
The government will of course continue to be swayed by the abuse / Family Violence arguments - but less so. because of the consensious that shared parenting is best for children). The court would be able to excluded violent parent or insist on third party change overs - not one of the parents on their own volition - however the levels of conflict would be much lower (again, no aggrieved parent). Various media polls indicate that the opponents of shared parenting (usually government funded ideological vested interests) do not represent women / the electorate.
If the courts are the only ones allowed to exclude a parent - on evidence, they're not left to pick sides after arrangements have already been made (unilaterally).
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