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Time to Move on?

The new Famly Law Act has made a difference and it is a brighter time with much optimism

It is time to move on. About the only people  happy with Australian Family Law, pre 1 July 2006 were the mosquitoes (Blood suckers). Yes it is unfair that many parents, fathers particularly were specificaly excluded from taking their case back to court on the grounds of changes to the law. It is important to remember though, that those same parents can trot of to an FRC and possibly get some help. One would not need to be too much of a genius to come up with some genuinely changed circumstances to justify returning to court. Just don't do it straight away, all you will do is join to over long que in an overloaded court. Even CJ Nicholson (ret) acknowledged that the family court was not working as designed. It is arguable that much of the responsibility for that failure was due to his judgements. "In the Shadow of the Law".

I strongly believe the changes are here to stay. And what is more, the AG's concept of changing the culture surrounding Family Law in Australia will be successfull. The reason I believe success is like is the changes are verticaly integrated.

For Example

The Law has been ammended!  :thumbs:

A new chief Justice has been appointed who is on public record stating that she would like to see every judgement of the FCA published. Which gives new meaning to "In the shadow of the Law". Also that participants in family Law cases should not be relying to much on precedents and case law, but should instead be arguing their case on its merits.

A new level, the FRCs. has been added. Who are being watched very closely by everybody. The AG is watching because he wants to see shared care, because parliament wants to shared care, because the electorate wants to see shared care. The Mens movement is watching because they want shared care, and are learning to be a political lobby. The Single mothers groups are watching because they want to see the FRCs fail. The Solicitors are watching because if successfull, many of them will have to accept a reduced income or find differnt work. And as an interesting side thought, it will be the AG that gets his way, for he holds the purse strings, litterally.

The solicitors are looking for a new way to be relavent, they have basicly been told get real or get out. The tribunals are waiting in the wings as plan B.

An extention of that concept is pressure, if needed, on the courts. There is already a precedent for taking a juristiction away from a court and giving it to a tribunal. The Industrial relations Court.

The Australian Institute of Family Studies is actively looking at the relationship between different parenting arrangemnts post separation and outcomes for children of those separated families.

Everybody else in the community welfare sector is looking for ways to involve and become involved with men and fathers.

Horror oh Horror! A few months ago, I learned about an "Anger Management" course for WOMEN that was funded and in the planning stages. It is now reality.

Even the CSA is actively trying to more human, to say nothing of the changes to the laws on Child Support.

So what I am saying is that the rules have definitely changed in the world of Australian Family Law. Anybody who ignores those changes will get left out in the cold.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
What a good heading that aptly describes the negative attitudes of many people. There is a latin expression "Ex Ante" which means 'based on expected results' - which so often means that people will get exactly what they are planning to get.

Things have changed post July 2006


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
A VERY refreshing view that is slowly gaining momentum. The AG's department believe things are starting to change. We are on the way my collegues!!!  :o

Site Director
For anybody contemplating a trip to court, the first thing to understand is the rules have changed. 50/50 may not be law, but if you can make it work, the courts will look at it.

The other reason to understand that the rules have changed is if an SLR can take an attitude of trust with them to court, it will help them focus on their case. If they put the rest of the homework in, then they should get a reasonable outcome.

For me - Shared Parenting is a Reality - Maybe it can be for you too!

The Changes are Happening

The attached appeal is interesting for several reasons

The Court ordered a shared arrangement for an 18 month old child (no tender year's doctrine here)

Both parties made allegations against each other - which the Court effectively ignored

The appeal used both Cowling and Cowling and the very new Goode and Goode precedent, strangely; to argue for the Cowling and Cowling argument
Attachment


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
To get a better appreciation of what is happening post legislation changes I suggest members should go to and review the Multi Media files covering the Lone Fathers Australia conference in Parliament House during August this year. ;)

Site Director
Review the sections in the Judgements of interest area.

Come back and tell us if you need more.

The Goode and Goode case settled with a shared parenting outcome after a second appeal was launched ;after a second hearing. I assume the other side saw the writing on the wall. We were somewhat disappointed the second appeal was not heard as that would have clearly made the point that where a parent is asking for equal or substantially equal time and all factors, as detailed in 65DAA are met, and Shared Parental Responsibility is ordered then GET ON with it and make the appropriate shared parenting time orders.

We are watching these case outcomes extremely closely and have been advised by the ;AG that he would be receptive to putting up additional amendments if we are not seeing appropriate orders made by way of the intent as outlined in the explanatory memorandum.

It appears to date that some of the Judiciary are doing better than others at dealing with 65DAA. You could post more in a private forum and I suggest you join the SRL-Resources group (Go to the Community area on the site)


Executive Secretary - Shared Parenting Council of Australia
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For me - Shared Parenting is a Reality - Maybe it can be for you too!
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