Letter to Damien Carrick

(Reproduced here with the permission of the author, Geoff Holland, from the fathers4equality discussion group on Yahoo)

Below is my feedback to Damien Carrick on the ABC Law Report today. If there is anyone on this forum that could clarify and of these points with solid references to AG Dept. documents or Parliamentary documents, please do !

I have also sent a copy to ag@ag.gov.au as I believe it may be an e-mail address for the Attorney Generals Dept. (I could find no e-mail address on the Attorney Generals Dept website). But I do not hold my breath for a reply.

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Damien Carrick
ABC Radio - Law Report
re Law Report 21 June 2006

Dear Damien,

Thank you for covering Family Law reform. I have been through the Family Court and I am now a committed activist for major reform. The latest reforms I feel have little if any substance.

You say:

"As the title implies, it promotes the idea of shared parenting responsibility by both parents, and a hope that, if possible, kids should spend equal time with both Mum and Dad."

I am beginning to think that the idea that the new Bill promotes the idea that, where possible, kids should spend equal time with Mum and Dad is a myth planted in the media by the AG's Dept to appease the men's lobby, but for which there is no foundation in the new Shared Parenting Bill (which seems to, instead, rehash the 'shared responsibility' line)or in AG press releases or any other AG Dept. documents.

Could you please show me that I am wrong !

Secondly, we were told in the media that the AG's reforms meant that couples had to attend an FRC before they could consult a solicitor, and similarly, solicitors had to advise potential clients that they must first attend an FRC session (of three hours ?) before solicitors could advise them.

But I find nothing of this in the new Shared Parenting Bill or in AG Dept press releases. Nor can I imagine how this would be guaranteed / policed.

Thirdly, I am also led to believe that separating couples do not actually have to attend a three hour session at an FRC, but can attend virtually any mediation session. It was even mentioned in one article (in Time Magazine I believe) that this mediation could be organised by a solicitor - which would just make the whole thing a contradictory farce.

Your program helps de-mystify the Law. Could you please help us on these points. There are many of us out here seeking answers.

The naivety of the FRC experiment is immense.
"Separating couples are encouraged to use the new Family Relationship Centres, but it is not compulsory." from A New Family Law System Fact Sheet 5 Family Relationship Centres http://www.ag.gov.au/family

The two questions that need to be asked are:

1. What incentive is there for Mothers to come to any fair agreement in an FRC when they know they can get majority residency, (along with the perks of Family Payments and Child Support) and majority property if they continue on to the Family Court system ?

2. What incentive is there for the Family Court to change whilst they remain a closed shop - an unaccountable institution which does not publish statistics on its rulings (eg number of cases resulting in equal residency, shared residency etc) ?

Another question I would like to ask is:

Why does the media fall for and peddle the myth of 'substantial change' rather than question it, and why does it not address the real issues ?

Thankyou again,

Sincerely,


Geoff Holland
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The letter refers to:


ABC / The Law Report
20 June 2006

Preamble:

Family Law: Kids and the New Shared Responsibility Ethos

On July 1 - there is going to be a big shake-up in Australia's Family Law system.

A new Act promotes the idea of shared parenting responsibility and the hope that (if possible) kids should spend equal time with mum and dad.

It also encourages separating couples to draw up a parenting plan at one of 65 Family Relationship Centers which are being set up around the country

Well what does all this mean for kids?

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Listen Now
Download MP3 (13.5MB)
http://www.abc.net.au/rn/podcast/feeds/lrt_20060620.mp3

Guests:

• Sue Creak, Lawyer with Hertzberg Haydon, Byron Bay
• Steven Ralph, A Director of Mediation, Family Court of Australia
• Linda Dessau, Family Court Judge, Melbourne
• Professor Patrick Parkinsn, Chair of the Family Law Council
• Karen Morris, Deputy CEO, Interrelate
• Nicky Davis, Senior Lawyer, Legal Aid Queensland