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Courts are doing more damage to families than realised.

There would be less divorces if the parents and their children weren't being interfered with by The courts ,Grandparents and others.. The main families is Father, Mother and the children and every one else comes last..Forcing kids into visiting is an abuse of their rights.. I know! I was forced to go to church as a kid and now I absolute hate it! And will have nothing to do with it ever..Why would people want to break down a perfect family cause a grandparent ,Uncle or aunt wants visitation rights. The court should only intervene if the children are in danger otherwise but out! After all it's not their kids they are experimenting with… And I don't see their name on the birth certificate…If the Mother, Father ( Not separated) and kids are in a healthy relationship. They should be left alone… I don't believe a word of the studies they done with kids and grandparents that they are essential for the kids development! what can they possibly teach that the parents don't already know.. Grandparents should not try to take over parenting from the parents (I raised my Kids Now I'll raise your kids my way too!) How selfish is that!!

I believe that parents are losing there right to be parents.. The Law needs to be changed..
Ray - the extract below outlines how the court should make their decision - which part of this do you think is unreasonable?

FAMILY LAW ACT 1975 - SECT 60CC

How a court determines what is in a child's best interests
Determining child's best interests

             (1)  Subject to subsection (5), in determining what is in the child's best interests, the court must consider the matters set out in subsections (2) and (3).

Primary considerations

             (2)  The primary considerations are:

                     (a)  the benefit to the child of having a meaningful relationship with both of the child's parents; and

                     (b)  the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

Note:          Making these considerations the primary ones is consistent with the objects of this Part set out in paragraphs 60B(1)(a) and (b).

Additional considerations

             (3)  Additional considerations are:

                     (a)  any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views;

                     (b)  the nature of the relationship of the child with:

                              (i)  each of the child's parents; and

                             (ii)  other persons (including any grandparent or other relative of the child);

                     ©  the willingness and ability of each of the child's parents to facilitate, and encourage, a close and continuing relationship between the child and the other parent;

                     (d)  the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:

                              (i)  either of his or her parents; or

                             (ii)  any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;

                     (e)  the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;

                      (f)  the capacity of:

                              (i)  each of the child's parents; and

                             (ii)  any other person (including any grandparent or other relative of the child);

                            to provide for the needs of the child, including emotional and intellectual needs;

                     (g)  the maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child's parents, and any other characteristics of the child that the court thinks are relevant;

                     (h)  if the child is an Aboriginal child or a Torres Strait Islander child:

                              (i)  the child's right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that culture); and

                             (ii)  the likely impact any proposed parenting order under this Part will have on that right;

                      (i)  the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;

                      (j)  any family violence involving the child or a member of the child's family;

                     (k)  any family violence order that applies to the child or a member of the child's family, if:

                              (i)  the order is a final order; or

                             (ii)  the making of the order was contested by a person;

                      (l)  whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;

                    (m)  any other fact or circumstance that the court thinks is relevant.

             (4)  Without limiting paragraphs (3)© and (i), the court must consider the extent to which each of the child's parents has fulfilled, or failed to fulfil, his or her responsibilities as a parentand, in particular, the extent to which each of the child's parents:

                     (a)  has taken, or failed to take, the opportunity:

                              (i)  to participate in making decisions about major long‑term issues in relation to the child; and

                             (ii)  to spend time with the child; and

                            (iii)  to communicate with the child; and

                     (b)  has facilitated, or failed to facilitate, the other parent:

                              (i)  participating in making decisions about major long‑term issues in relation to the child; and

                             (ii)  spending time with the child; and

                            (iii)  communicating with the child; and

                     ©  has fulfilled, or failed to fulfil, the parent's obligation to maintain the child.

          (4A)  If the child's parents have separated, the court must, in applying subsection (4), have regard, in particular, to events that have happened, and circumstances that have existed, since the separation occurred.

Consent orders

             (5)  If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2) or (3).

Right to enjoy Aboriginal or Torres Strait Islander culture

             (6)  For the purposes of paragraph (3)(h), an Aboriginal child's or a Torres Strait Islander child's right to enjoy his or her Aboriginal or Torres Strait Islander culture includes the right:

                     (a)  to maintain a connection with that culture; and

                     (b)  to have the support, opportunity and encouragement necessary:

                              (i)  to explore the full extent of that culture, consistent with the child's age and developmental level and the child's views; and

                             (ii)  to develop a positive appreciation of that culture.
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