Life Changing Injury

Sunday, July 02, 2006

It is not unusual

It is not unusual to find that the custodial parent is using the child as a weapon in the matrimonial warfare and is sabotaging the access visits of the non-custodial parent. This is particularly prone to happen in high-conflict divorce cases where a parent might even go so far as to abduct the children to a foreign country.33

More worrisome, however, is the allegation that some lawyers make a practice of escalating the acrimony between divorcing / separating parents. These practices include encouraging their clients to make false claims of abuse and encouraging women to invoke violence as a way to ensure an advantage in parenting and property disputes. For instance, some unethical lawyers are encouraging their clients to apply for protection orders in terms of the Domestic Violence Act 116 of 1998 in order to frustrate the attempts by the non-custodial parent to see his or her children.34

False allegations 35 also continue to enter divorce proceedings by way of lawyers who place allegations of criminal behaviour in affidavit material, without substantiation from child welfare or police authorities, and without consequence to the accusing parent or lawyer involved.36 We trust such lawyers are pretty few and far between, but they certainly are there. In this regard the Commission supports the submission made by Mr Stuart McDonald that lawyers must fully inform their clients of all possible alternatives and the consequences of all legal steps taken in a divorce.)

from For the Sake of the Children, report of the Special Joint Committee on Child Custody and Access, December 1998, p. 11: ‘Perjury is common, but how can we put the custodial parent in jail for lying?’.

Notice this quotation is from 1998. That's 8 years ago, and nothing has changed.
The answer is yes, you should put the custodial parent in jail for lying, or you can abandon the entire legal system.

The current system is based on perjury.
One family law expert in Melbourne said it simply" Perjury is mandatory and necessary for the system to work.

Lawyers, social workers, legal aid officers, court clerks and magistrates all encourage the custodial parent to accuse the other parent -- or even a partner or de facto -- of abuse because the courts will react to that accusation by awarding the accuser with anything she wants.

And yes, the correct pronoun is "she". For a man, even severely disabled emotionally and physically to accuse a woman of abuse, even with a mountain of evidence, is ridiculed in the current court and legal system.
A woman, on the other hand, needs no proof to substantiate her claims.
The courts will condemn a man on the basis of his sex alone, and take away his home, possessions, and children.

The courts have proven over a long history that they cannot be trusted with judicial discretion in these areas. The statistics speak for themselves: 8 out of 9 (87%) of men in relationships in Australia are abusive.
-- That's absolutely ludicrous! (Or Australia is truly a sick society...)
Yet that statistic is part of the training of all lawyers, social workers and volunteers, police and even court clerks and 000 operators.

The result is skewed statistics which drive illegitimate court decisions, violent responses from the police which endanger innocent citizens and children, and a national insult to Australia.

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