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Constitutional Writs of s34 of the Family Law Act

The law is there - Use it and Judges will have to fall into line with the Law of Parliament not their own interpretation for the betterment of all but mostly our children!! A discussion Topic that needs some concentration

Section 34 of the Family Law Act (the Act) is quite simple in reality, it is Judges and Lawyers who want to make it appear complex.

  Section 34 of the Act;  Issue of certain writs etc.(1)  The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, and to issue, or direct the issue of, writs of such kinds, as the Court considers appropriate.

The High Court (HC) have well settled appropriate means discretionary unless there has been an unfairness and/or unlawful act committed to cause the Order the or Judge the Writ is sought to deal with.

Writs of Mandamus seek to cause a Judge to make an Order usually for undue delay like in my case. I had to seek a Writ of mandamus to cause the CJ to grant me "Leave" to bring Contempt of Court applications citing my Ex, they numbered about 37 and still counting. only about 30 are provable beyond doubt but the others are provable on probability and prior knowledge, 1 of the issues I have in the HC.

Mandamus is what I should have sought on Mushin J when he refused to determine or transfer my application regarding the appeal of his Orders that or Prohibition.

Writs of Prohibition/Certiorari go hand in hand, Prohibition prevents a Judge like Mushin J determining a matter that Judge has a vested interest in like have made the Orders that are being sought to be appealed or other bias. Certiorari causes the offensive Order/s of a Judge to be quashed altogether as if they had never been made.

Like what I said for children being taken from their existing immediate family environment to prevented from having reasonable time and an ongoing meaningful relationship with the rest of their family being dad.

To grant Relocation Orders to keep a mother happy so she does not have to share the child's time with the father is causing a detriment to the father and child of a lose of time for the child's needs to interact with the father. Then there is the additional stress to the child of what was unreasonable travel times in the past, now the norm to cause children to dread contact because of the travel used by Judges and woman alike to destroy the sanctity of FAMILY.

Plus cause a benefit to the mother of her want with disregard for the child's family needs of learning to sheer and communicate, having a father to fall asleep on, knowing they are safe and well loved by both mother and father.

If you watch children at play and listen to how they are speaking you often see the ones that are from single mother's homes. They are often the ones that are disrespectful to their elders and angry with the children who they now have fathers at home or have good contact with their fathers.

The Criminal Code 142.2 makes the Judicial granting of a benefit or the causing of a determent a criminal offence of corruption and is obligatory grounds for a Writ of Certiorari. This Code also defines benefit at 140.1  

Definition In this Part: "benefit" includes any advantage and is not limited to property.


140.2    Obtaining   (1)  For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first‑mentioned person induces a third person to do something that results in the other person obtaining the benefit. …


I take that to include OBSTRUCTING (s.43 of the Crimes Act) an application to administer a Power of the Commonwealth in a Court of the Commonwealth of which a Contempt of Court is. OBSTRUCTING the seeking of Leave to file a justiciable application Kirby J has said the same or similar "is an Obstruction of Justice".


Section 39B (1EA) of the Judiciary Act proves the Power of the FamCA for the making of the Writs with;

      the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person who is or was a party to the proceeding seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related civil proceeding decision;


(d)  the following court is invested with, or has conferred on it, jurisdiction with respect to any such matter:  (i)  if the civil proceeding or appeal is before the Family Court of Australia-that court; or


NOTE; "in relation to a related civil proceeding decision;" means where there is a National Security Information Issue attached, NO issue of the Writ sought can be transferred to the Federal Court. It does not stop the Writ or issues of the Writ sought from being transferred and there could be no Writ sought to be transferred if the Power was not created by s34 of the Act.

So go forth and multiple: seek the Writs as an inexpensive way to appeal and quash the detriments and injustices caused to fathers and children, seek the benefits given of want's for relocation over the benefits to the child of short travel to interact with all immediate family rather than long travel for the rest of the family. I'm assuming the larger portion of family members are in the existing/original area of the mother and father.   

Seek Writs of Prohibition aqnd Certiorari of Judges who have demonstrated prejudice, granting of benefits with a disregard for the detriment and sanctity of the family unit in preference for the remove of the natural father for an unrelated male in most cases.

This is the way of nature like someone said on this site. Lions eat the cubs of the other males, male cubs I think he meant to say, and "Woody Allen" the females.  

Sorry got a bit soap boxy but the law is there use it an Judges will have to fall into line with the Law of Parliament not there own for the betterment of all but mostly our children.

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