Brown Nosing Judges Doesn't Always Work.

Despite all of familylawwebguide/Shared Parenting Council's brown nosing of FM Altobelli, it seems he still has a mind of his own and wasn't swayed by their self serving poppycock.


We refer to Hogan & Hogan [2008] FMCAfam 1219 (14 November 2008) and specifically where he says:

"Equal time or substantial and significant time?
73. For the reasons that I have set out above, I do not believe that it is in the best interests of the children for them to have equal time with their father. However, I would have come to that conclusion even if I had not been concerned about the husband's addiction to cannabis.
The Family Consultant was of the opinion that equal time was contra-indicated in this case because of the high level of conflict, and low level of communication that existed between the parents. I agree with the Family Consultant in this regard.
74. In the Family Report, the Family Consultant reports that the husband described his relationship with the wife as "pretty bad". He is recorded as acknowledging that one of the disadvantages of his shared care proposal is that "[Ms Hogan] and I would need to communicate okay about the kids".
75. The wife expressed the view to the Family Consultant that:
Shared care could not be conducted adequately because she and Mr Hogan do not verbally communicate. She said matters relating to the children “have to be written down” and that
Mr Hogan will not provide timely answers. Consequently, she is frequently frustrated in her attempts to manage the children. She cited an occasion when she gave Mr Hogan the health care card when he took a child to the doctor. She said 'I have asked three times for the card' to be returned.
76. In relation to the suitability of shared care in this family, the Family Consultant provides the following evaluation at paragraph 34:
If the parents were able to verbally communicate, and positively interact, shared care would seem to be an appropriate option. At this point, however, according to the parents, they avoid interacting, and Ms Hogan intends to rely on email to communicate. She said she cannot trust Mr Hogan and contends that he is untruthful and unreliable. A shared care arrangement requires substantial information to pass more frequently between parents than otherwise is the case. Thus, the opportunities for conflict between parents increases and the children's exposure to that conflict. Exposure to conflict creates emotional reactions which affect relationships, not only with the family, but in later life. In this matter, the parties say they have an acrimonious relationship."




http://www.austlii.edu.au/au/cases/cth/FMCAfam/2008/1219.html