The Lobbying for Shared Care Just Isn't Working

It is so good to see that good prevails over evil and that the Shared Parenting Council and the associated mens rights groups are not making any ground on their issues. The bullying attitude just doesn't cut it anymore and hopefully most people can see through the facade when they state "it's in the best interests of the children". The only reason they make it about the children is to gain control. The kids are just the pawns they use to achieve this. They don't really care about the children, if they did, they would be spending the time with them before they split up or divorced. The children are just pawns to be used in their bullying.

Dicosta & Dicosta [2008] FamCAFC 161 (29 October 2008)


"His Honour then immediately said that he had concluded “that it would not be in their best interests” (that is, to spend equal time with each parent) and he went on to give the following reasons for this conclusion:

31. The first, but not of enormous significance, is the fact that Ms Styles recommends a continuation of the status quo. I give this limited weight for two reasons. First, as was submitted by counsel for the father, some of her conclusions as to the effect that such an arrangement would have on [K] are based on exiguous materials. Secondly she said in paragraph 7.7 of her report that she saw no “compelling reason” to change the status quo. The legal test as I apprehended it does not require any compelling reason to be shown before a change [to] the status quo can be made and so it is possible that her report is infected by that. Nevertheless, as I have said, I do give some weight to her assessment in relation to the possible affect [sic] on [K] of such an arrangement.
32. The second and more important matter is the fact that the arrangement whereby the mother is the primary parent and the father has a significant but lesser involvement with the children has been one which has existed throughout the children's lives. As I have said, the parties adopted a conventional arrangement during the marriage with the mother as the primary parent. I do not see sufficient reason to change this and, given that it has been the arrangement during the marriage and since March of this year, I consider it would be in the best interests of these children for that arrangement to continue."

http://www.austlii.edu.au/au/cases/cth/FamCAFC/2008/161.html