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Policy recommendations for consideration

For consideration, review and to be incorporated into the Policy Recommendations we are developing.

Hi all,

I am dropping these in here for consideration to be incorporated into the Policy Recommendations we are developing.  A colleague sent them to me.  Please feel free to comment, expand etc.  They have to do with the Family Court system being obliged to follow due process.


These are the specific due process issues that are consistently ignored in Family Rorts (Stephen Baskerville, "Taken Into Custody").

- We're talking about substantive issues of justice and injustice, constitutional principle, and due process of law.

- We're talking about the lack of due process that most of us in a free society take for granted.

- Courts should permit litigants to give testimony prior to rulings - doesn't always happen as a matter of course.

- Judges shouldn't have the authority to incarcerate family court litigants without trial.

- Litigants should be given an opportunity to face and respond to their accusers in court.

- Knowingly false accusations of domestic violence / child abuse and other crimes should be punished.

- Denying litigants the right to an evidential hearing.

- Litigants must be able to hear evidence and cross examine witnesses.

- Litigants have no access to "trial transcripts as they are prohibitively expensive.

- Litigants often denied the right to respond to allegations and the right to confront / cross examine their accusers.

- The fact that the courts deny parents access to their children for years without any evidence of wrongdoing.

Coordinator, Equal Parenting Movement

Co-director, Fathers4Equality

Geoff

How about you edit out the truly American ones before these recommendations are even considered

Australian Courts permit litigants to give testimony prior to rulings - unless its an Urgent Ex Parte application

Judges shouldn't have the authority to incarcerate family court litigants without trial. Never happened in Australia

Litigants should be given an opportunity to face and respond to their accusers in court. Part of our Family Court process

Knowingly false accusations of domestic violence/child abuse and other crimes should be punished. AGREED

Denying litigants the right to an evidential hearing.
Litigants must be able to hear evidence and cross-examine witnesses.


This is a curly one for Australia as the new 12A (designed to make hearings less adversarial and reduce the Courts back load) limit the ability to cross examine

Litigants have no access to "trial transcripts as they are prohibitively expensive.

Litigants do have access. 'Prohibitively expensive' is just a term. Try organising a meeting and getting a certified transcription service to type up the meeting in proper form. You will not get much change from $100ph

Litigants often denied the right to respond to allegations and the right to confront /cross examine their accusers.

In Australian Family Courts they do

The fact that the courts deny parents access to their children for years without any evidence of wrongdoing.

Unfortunately the reason this happens is that it takes TOO BLOODY LONG to get the matter through the system and all the so called experts are too busy justifying their huge costs


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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