Custody laws 'should put children first'
The Federal Government is reviewing the controversial Howard-era shared parenting laws which forces courts to consider joint custody, and frantic lobbying by interest groups has already begun.
Chairman of the Government's peak family law advisory body, the Family Law Council, Professor John Wade, said shared-parenting rules risked creating a generation of ''ping-pong children'' being shuttled between warring parents and needed to be changed.
The laws are subject to an automatic review carried out by the Institute of Family Studies this year, and battle lines are being drawn between the increasingly influential parents' lobby groups.
Some parents groups have welcomed the news of the possible changes, but fathers' rights campaigners, who lobbied for shared parenting for more than 25 years, have vowed to fight for the retention of the laws.
Under the current laws, the court's default position in relation to custody is an equal and shared parenting arrangement if it is deemed in the best interest of the child.
Child defence expert witness Charles Pragnell says children are often being placed in dangerous situations by courts forced to consider shared parenting, and gave the recent example of a Melbourne court ordering that an 18-month-old spend alternating weeks with each parent.
''That will have a tremendously traumatic effect on that child, and cause severe and long-lasting emotional harm,'' he said.
''Children of that age and older need a sense of belonging, consistency and security.''
He referred to several high-profile cases where courts had placed children in danger with tragic consequences, such as four-year-old Darcy Freeman, who died after her father threw her off Melbourne's West Gate Bridge in January.
''The law is concerned about parents' rights, and gives very little account or regard for children's rights, even those children's rights under the UN Convention to which Australia was a signatory in 1991, but hasn't done very much about,'' Mr Pragnell said.
A spokeswoman for the National Council of Shared Parenting agreed that the current family laws gave priority to the parents, rather than their children.
She said when one or the other parent was forced into a custody arrangement, this often created unsafe or unhappy environments for their children. ''How do children get protected in all this? Their rights are being forgotten and not heard,'' she said.
''It's an awful situation, and it's made awful by the fact that it's so preventable.''
But Lone Fathers' Association President Barry Williams vowed that the fathers' movement would lobby hard to retain shared parenting.
''We've called for an appointment with [Attorney-General] Robert McClelland, and I'll be taking quite a few people from quite a few different organisations,'' Mr Williams said.
''We're going to try to convince him not to take any notice of this rot that's being put out by people with vested interests.
''In cases that we deal with, the children are quite happy and they like the shared parenting arrangements.
''We had 30 years of the old system when hundreds of thousands of children never saw their fathers.''
But one Canberra family lawyer, who did not want to be named, said one of the most frustrating aspects of the law was seeing a parent, usually a father, who had previously had little role in caring for his children and had showed no interest in their wellbeing, suddenly demanding shared custody.
She said the motivation was usually increased child supportpaymentshttp://www.canberratimes.com.au/news/national/national/general/custody-laws-should-put-children-first/1568077.aspx?storypage=2
2 comments:
I like the idea of shared custody I think children are born with two parents why not let them have two parents so many kids never even meet there biological parents today and are taught to hate them theri whole life this is wrong .
Yes its typical to start the shuttling debate but isn't that what already happens. My children actually loved a longer stay with me but the travel within 2 days has caused them to not want to be here all the time but you will keep using the shuttling technique as an excuse. You will always use Child support as an excuse and you will always try to get into everyday peoples lives without any concern for love privacy rights or anything but your own agendas mainly money. Money is the only reason that feminists want dads evicted. They will do anything to get a dad out of a childs life including lying about rape and abuse and all sorts of crap when they have no proof because there is none. You will always try to make it law because of your own selfish reason when really what you want and what others want is none of each other business. Your statistics always point the finger at bullshite when most children love being able to be with both dad and mum whenever they so choose. That is something you will always dispute all because some woman claimed being beat which obviously is true in some instances but not all men are bad. Oh and how about the man who takes it upon himself to be calm amicable and try evrything to be at peace with his ex for the sake of the child but she still will do anything vindictive to get her way and still gets away with it. Violence against men Australia says "NO". You do not know the first thing about anyone in this country and even if every woman you see has been abused that is because they turn to you for help. All other women don't because they were not abused. I could tell you my childhood story but it wouldn't make a difference to you would it. How i was abused by my mother how my dad fought hard and being in that situation etc how it has left me but it doesn't matter because i am a male. What would you say about my sister though who faced the same things from my mother. You are all idiots who should stay out of everyone elses business. Prosecute the real villians leave the decent people alone and if a father wants to be with his child so be it, you have no right to stop it. Oh, but you will because it is always your way or the hiway. You self righteous idiots. Stay out of our business. It is 50 / 50 or no kids at all. Eradicate the whole human race because people are to greedy and still think they should control everyone else. It amazes me how feminists don't like men to control them but try to control everyone on this planet. Hypocrites
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