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MENZ ISSUES

MENZ Issues: news and discussion about New Zealand men, fathers, family law, divorce, courts, protests, gender politics, and male health.

Thu 31st August 2006

IRD makes its own rules.

Filed under: Child Support,General,Law & Courts — Downunder @ 11:54 am

In an attempt to reduce the escalating child support arrears figure the IRD has resorted to making up its own rules. Don’t be surprised if you find the IRD behaving in an illegal manner. Either someone in Government has said forget the rules, just get the money, or there is a vigilantly group operating within the IRD out to get those so called errant fathers who refuse to pay their child tax.

Either way this reflects badly on revenue minister Peter Dunne. This is an issue currently before a select committee which leaves no excuse for such tyrannical behaviour.

The Protection Order weapon rises again.

Filed under: General,Law & Courts — Downunder @ 11:27 am

It is only a few years back when we had fathers being jailed for sending a Christmas card or a Birthday card to their children, when there was a protection order in place. Now protection orders are being used to prosecute fathers who use their own websites to express their grief and anxiety at the loss of their children. You might ask why don’t we do the democratic thing and make a submission to parliament about this. Well back in the days of Christmas card prisoners I did just that. I made a submission to the social services select committee on protection orders. Normally you would receive a response to a submission, but in this case I didn’t, so I rang the clerk and asked if he had received the submission.

His reply “all I can say to you is that I have been instructed not to talk to you.”

Now you wonder why fathers protest outside private residences?

Sun 27th August 2006

Book: ‘Rethinking Domestic Violence’

Filed under: Domestic Violence — JohnPotter @ 11:55 am

by Donald Dutton, 2006. UBC Press, Canada

‘Rethinking Domestic Violence’ is the third in a series of books by Donald Dutton critically reviewing research in the area of IPV (intimate partner violence).

Book cover: 'Rethinking Domestic Violence' by Donald Dutton

After 20 years of viewing IPV as generated by gender and focusing on a punitive “law and order” approach, Dutton argues that this approach must be more varied and flexible. Treatment providers, criminal justice system personnel, lawyers, and research is have indicated the need for a new view of the problem – one less invested in gender politics and more open to collaborative views and interdisciplinary insights.

Preface xi

[This book] is a modern history of social intervention on a specific problem that shows how such intervention can be misguided by the political conceptualization of the problem. It would be preferable to see policy made by pragmatists and “dust bowl” empiricists who are willing to set and undo policy on the basis of what the data tells them about success and failure, rather than on attempts to prolong an ideological view.

After a thorough review of the history of the spouse assault in chapter 1, Dutton introduces a framework which allows a far more nuanced analysis than the ‘ one-size-fits-all’ feminist approach which proclaims all male violence against women to be an evil symptom of patriarchal society.
(more…)

Fri 25th August 2006

Letter to Steve Gill

Filed under: General — dpex @ 9:40 pm

Background.

Jason and Vikki have been doing fighting with Jason’s Ex, impressions.

Vikki sets up a vid-cam to record the next visit of the Ex, the collect the child.

Vikki loses it. But thinks the vid will help to get Gill to see the nature of the Ex.

Gill sees evidence supporting the Ex, so he produces the vid in court. Jason and Vikki are his clients, not the Ex.

He asserts he just ‘had too’ on account of he’s an officer of the court.

Turns out CYF wrote a report on the Ex, highlighting her less than lucid state. Gill refuses to produce this in court.

Then, at the eleventh hour (Jason and Vikki are up for a final judgement, whereupon Jason will lose his son unless something good happens) Gill files to remove himself from the case!
(more…)

Thu 24th August 2006

New Zealand Men State Slaves.

Filed under: Child Support,General,Law & Courts,Men's Health — Downunder @ 7:33 am

The New Feminasty Weapon.

Mr Cullen right under the nose of family and faith Minister Peter Pinocchio Dunne, has created the Office of the Commissioner of Inland Revenue. We no longer have an independent authority tasked with managing the revenue affairs of the country, but another Feminist Machine, and if you hadn’t previously headed the warnings of James Nicole, then you should revisit and understand post haste.

In New Zealand Men are now Slaves of the State.

Wed 23rd August 2006

A Personal

Filed under: General — dpex @ 10:19 pm

In amongst all the misery we endure, there are a few humourous points.

Here’s one.

After being beaten emotionally senseless by Yula I kind’ve decided being single was probably a better idea. I mean, poking up one’s butt for the sole purpose of finding out how sharp the next rasp will be is a negative proposal.

So I had accepted a future of soleness. I’m pretty happy with my own company so it wasn’t such a hard choice.

But I hadn’t factored in the world of chance.

A bit of background.

About 30 years ago I wandered into an office. I was lost and looking for directions. A youngish (actually 2 years older than I) woman sat behind her corporate desk. In an instant of a look I knew this woman (Julie) was to be my wife. And she became so.

I had absolutely zero information upon which to make this judgement. I hadn’t even opened my mouth, nor she hers. It was just one of those events in life.

Twenty eight years later we separated but have remained great friends.
(more…)

First Blood

Filed under: General — dpex @ 9:45 pm

Just had a call from a couple in Wellington. Being seriously put upon by the FC and their own lawyer.

I recommended an immediate change of lawyer, and emailed Jim to put this shit on the hit-list for botherings.

Anyway…..

The Ex is doing ‘I believe. I think. Maybe. It could be possible,’ impressions. Standard crap. Given this couple will soon find a new and loyal advocate lawyer who will then wave Asher J’s judgement under the careless nose of the FC judge involved, all will come out well for this couple and the little boy.

You see, ‘I believe. I think. Maybe. It could be possible,’ etc, is no longer and acceptable plaint even in the FC.

Good eh?

Lastly, I shall be most interested to see Jim’s take on Mr Steven Gill, (I’ve given Jim the low-down which I can’t do here…for obvious reasons) FC Lawyer, Wellington, once he has the low-down. But if what the couple told me tonight is even half true, this rooster is due for a sex-change whereupon he can become a card-carrying member of the feminazi movement.

Lastly, lastly. The couple got onto me through JP’s site. This site. Ergo, this site is gaining traction, as are all the things the various of us are doing in our own quiet…and sometimes noisy :–)) way.

Extra cool, huh?

Cheers
David

Chalk Up One More Piece of Science that Weakens Another Feminist Myth

Filed under: General — Intrepid @ 4:11 pm

Author: Pit Bull On the National Bureau Of Economic Research Paper
Via: The Honor Network

From the Biological Gender Differences, Absenteeism and the Earning Gap

In most Western countries illness-related absenteeism is higher among female workers than among male workers. Using the personnel dataset of a large Italian bank, we show that the probability of an absence due to illness increases for females, relative to males, approximately 28 days after a previous illness. This difference disappears for workers age 45 or older. We interpret this as evidence that the menstrual cycle raises female absenteeism. Absences with a 28-day cycle explain a significant fraction of the male-female absenteeism gap. To investigate the effect of absenteeism on earnings, we use a simple signaling model in which employers cannot directly observe workers’ productivity, and therefore use observable characteristics — including absenteeism — to set wages. (more…)

Tue 22nd August 2006

Female Violence

Filed under: Domestic Violence — dpex @ 10:18 pm

I have to begin by saying I’m not exactly proud of having to admit to having been a victim of domestic violence; seeing as how I’m a big boy (6-1 in my sox, strong, and with several martial arts to my credit).

Meet Yula (pronounced Yura). 40. A Korean beauty. In NZ with 3 kids looking for a way to stay. I end up being the ‘very’willing dupe.

I discovered, albeit some eighteen months later and several half-hearted considerations of suicide, that this ‘beauty’ was actually what is known as a socialised psychopath; ergo, a Hannibal Lecter with self-preservation instincts denying her the ability to simply squash out the life of any who disobeyed.

Yura set the hook in my lamentably niaive mouth, tugged gently for three long and unbelievable months, then hauled back hard when it wass clear the hook had gone down well past my throat.

For the following fifteen months I was subjected to almost constant emotional violence of a level and type I found so incomprehensible that I was rendered incapable of breaking the spell. This was interspersed with rounds of physical and sexual violence.
(more…)

Poisoned Prose

Filed under: Domestic Violence — JohnPotter @ 7:37 pm

My friend Dave has just posted a critique on his website of a recent NZ Herald article:
Attitudes change towards old taboo

Before we go any further, let me make it quite clear where I stand on violence: I don”t believe it is OK for men to hit women. I don’t believe it is OK for women to hit men.

Nor do I believe that the common combination of intimidation, verbal harassment, putdown, windup, and so forth that often accompanies, or serves instead of, physical violence is OK, from either sex.

I believe it is sometimes appropriate for parents to use physical means to discipline children, but not to the extent that physical injury occurs.

So when an article like the one below appears in the Herald, ostensibly part of a media campaign to raise awareness about family violence, why does my stomach crawl?

My stomach crawls because the article is a piece of anti-male shit. It is a piece of anti-male shit despite the fact that its author is apparently male, and despite its ostensible focus on “family” violence.

Read the rest of ‘Poisoned Prose’ at wudhi.com

Fri 18th August 2006

Was that well Dunne, well Dunne!, or well Dunne?

Filed under: General — Downunder @ 10:12 pm

Sounds like the Honourable Mr Cullen could do with some anger management to calm the halls of power. Wonder why he has been throwing little missy fits this week.
Perhaps it’s because David Parker found out that the position of Attorney General was the first WMD (weapon of male destruction) in the feminasty arsenal and promptly handed it back to Mr Cullen. Perhaps Mr Cullen is the real Minister of Revenue and what has been well Dunne until now, might now be well Dunne!, or well Dunne? Perhaps it’s another hat for Mr Cullen to wear again in the game of merry go round minister, that’s if he has finished playing marionette Minister, with the leader of United Future.

Perhaps the realisation has become a reality to the heartland of the labour camp.
The NZ Labour party has been high jacked again, and the real insult to the party faithful this time is that it has been by an ideology that never had truth to offer as first casualty in a conflict constructed of subjective twaddle.

The trade mark officiousness of the Brown Skirts and Jack Boots with the expectation of instant obedience is long overdue for a decent burial. After a winter of discontent perhaps 2006 will deliver a spring of reason, winds of change, and an early election.

Wouldn’t it be nice to have our country back again?

Pretend Minister Dunne.

Filed under: Child Support,General,Law & Courts — Downunder @ 8:37 am

Watch out for bogus IRD documents.

It would appear that who ever is the real revenue minister has instructed a group of child support staff to issue documents outside of the authority of the commissioner. The most noticeable difference is that there is no document location number on the bottom of the page. You will also find that documents may not follow normal IRD procedure and time frames.

If you have any doubt about the authenticity of your child support documents especially admin review documents report the matter to your local CIB. They will contact the IRD who must confirm to the police whether they are IRD documents or not.

Once you have done this make a ministerial complaint to pretend Minister Dunne, who will try to pass the complaint back to the IRD. The IRD is responding to another minister and so Mr Dunne is not able to investigate the complaint and the IRD will not respond to him.

It is important to expose Mr Dunne for the fraud that he is, and the manner in which our New Zealand Inland Revenue Department is being used.

Mon 14th August 2006

Gawd….A breif Synopsis as requested.

Filed under: General — dpex @ 7:24 pm

For those of you who wish to use the Appeal Court Judgement [referred to below], the reference is CIV2006-404-3522.

1998. Met mother (purely business related). Atr the time I was happily married.

Then wife wanted a grandchild. Neither of our adult children were interested in providing.

Six months after meeting mother, I met the child. Told wife about child. Wife met child. One thing led to another and we found ourselves able to dote on a dot (aged 3.5 years).

1999. The relationship between child and wife and I developed into a quasi-grand-parent/child thing. Not by design, it just happened.

2000. It became apparent the mother had neither the time, nor money, nor interest in providing the child with all those things a child deserves…The list is too long to record here. We could, we wanted to, the mother was happy to have us do so.

2000 till now. Got separated in 2000. Assumed the mother would not allow me to continue relationship. Wrong. Mother quite happy. Child developing really well.

Over the years since I have been almost entirely responsible for all aspects of the child’s development. I attend to all matters to do with school, sport, music, and much else. For risk of identifying the parties I am unable to explain why the mother has been unable to do any of this. Save to say, no person at the child’s school, her music teacher, her football or swimming coaches, would recognise the mother because she has never attended any meeting with such folk and has never attended ‘any’ event the child has attended. school included.
(more…)

Sat 12th August 2006

The Appeal

Filed under: Law & Courts — dpex @ 7:33 pm

First. Thanks to all of your for the congratulations.

I have been forced to live through an appalling time for these last six months, never knowing who will coming banging on the door to swipe the kids. Never knowing the outcome of the ‘next’ court hearing. And living in a perpetual state of intense stress.

I had to place my considered faith in someone other than myself, and I did. Hooker. Without wishing to seem as if I’m blowing smoke up his arse, I can say I have never noticed that faith waver. I had made up my mind I had the best possible defender and that win,lose, or draw, neither he nor I could do more than as much as we could do.

I would have thought no less of his skill had we failed in the High Court.

The Judgement.

Prefacing this tome, and in very large black letters is the caution that no part of this judgement may be revealed except by….and goes on to list a few exceptions.

I am not sure if this embargo will remain in place once the case is entirely complete.

But on Monday I shall ask Hooker how I can best go about providing a copy of it to all those needing it.

However, what I can report is the judgement has now set a proper standard of proof for all interlocutory applications such as Custody orders, Restraining orders, Non-association orders, Wardship orders, etc.

This judgement will have far-reaching affects on all future FC orders, including final orders. Although I am clearly restrained from providing specific data, you may all be very assured it has taken 99% of the bounce out of the Kangaroo Court, AKA, the FC.
(more…)

Thu 10th August 2006

tarantaraaaaaaaaaaaaaaaaaaaaaa

Filed under: General — dpex @ 8:04 pm

WE WON THE APPEAL!!!!!!

WE WON!!!!WE WON, WE WON, WE WON

YEEEEEESSSSSSSSSSSSSSSSSS

WE WON!!!!!!!!!!!!!!!!!!!!!!

Leastways, Hooker won. Jesus but this man is good…in all meanings of the word.

The CYPs witches are going to be sooooooo pissed at this. A mere male beating them at their own game!!! Sock horror!

Finally, folks! An FC Alice In Wonderland-fest got to the High court and was found so wanting.

The judgement goes on for 90 pages. Haven’t read it yet. Going to now.

Remember I said to you all. If we win the appeal it will make a huge difference to the MENZ and Men’s movement against this bizarre theatre of the FC, and if we lost all hell would break loose.

Well……………………..WE WON!!!!

I shall report back when I have read and properly understood the judgment.

One small step for me. One huge leap for men!!!!

Better yet, we get to sue the other side for costs!!!

Yipppppppppppeeeeeeeeeeeeeeeeeeeee!!!!!!!!

I am so happy at this moment.

David

State Plays Rough With Father’s Rights Hunger Striker

Filed under: General — Intrepid @ 6:50 pm

Dateline: USA
Author: Teri Stoddard
From : Alliance for Non-Custodial Parents Rights
Via: The Honor Network

Update on John Murtari:

New York State: John is suffering from eight days of dehydration and starvation. He calls it being “uncomfortable,” but his voice sounds weak, and he said
the feeding tube he once feared was, “now the best thing I can
imagine.”
John was taken to a local hospital emergency room Friday when his
heartbeat became rapid and irregular. Plans to give him fluids by IV
were halted for reasons unknown, and he was returned to the Onondaga
County Justice Center medical unit. At the insistence of the Justice
Center doctor he drank 3 small cups of water, the amount of fluids he
was told he would have gotten from the IV. John hadn’t had any food
or liquid since July 31, except for small amounts of water that get
swallowed when he brushes his teeth. He was told he’d get a feeding
tube Monday.
On Monday a Senior Medical Administrator at the Justice Center told
John they would not be putting in an IV or feeding tube, as he’d
originally been told. She said there were ethical considerations
involved.
Fearing permanent kidney failure, the doctor again asked John to drink
but he refused. She said if the condition progressed to an emergency
situation they would take action and send him to an emergency room for
treatment.
Saying, “It’s not easy,” John had been praying for guidance. Tuesday
morning John had uncontrollable shakes, and later was told since it is
his choice to starve, medical personnel at the Justice Center
will not intervene. Mr. Keller, John’s criminal attorney, is
currently checking on their official stance, and will do what he can
to bring a third-party doctor onto the case.
When John learned of the planned rally in his honor (see below), he
celebrated by drinking 6 more ounces of water, which was good news
to many people who fear for his health. He said he also did it
because didn’t want to have “the shakes” if he was going to be
interviewed. He asked that his sincere thanks are conveyed to
everyone concerned about his situation.
Offers of donations for press releases have exceeded our initial
request, so with their permission we will use some of the money
donated by generous friends to pay for John’s next set of paperwork to
be filed with the courts. With luck, and a stay, he could get out of
jail, at least for a few months.

John loves reading your letters. Please send them to:
John Murtari
POD 2A-5
555 South State Street
Syracuse, NY 13202
2. Rally in Syracuse
–––––––
A rally in support of John and all families torn apart by the family
court system, is being held in front of the Onondaga County Courthouse
Wednesday, August 9, 2006. It starts between 10:00 and 11:00, and
should end around 2:00.

Check the following link for further details:
http://www.AKidsRight.Org/actionc_syr/courthouse_demonstration.htm
Please tie a purple ribbon on a statue or tree, take a photo and email
it to me with the location (teri@akidsright.org).
Even better,
demonstrate on Wednesday, like supporters of John plan to do in Los
Angeles, London, Virginia, New Zealand and other locations. Make sure
John’s suffering isn’t in vain.

Tue 8th August 2006

Miscarriage Of Justice Commission

Filed under: General — dpex @ 9:34 pm

So retired, Justice Thorpe believes a miscarriage of justice commission should be formed.

Oh yes. Let’s add yet another layer of bureaucracy to an already bureaucratic nightmare.

Precisely how does Thorpe J (retired) expect this ‘commission’ to operate? Will it accept jurisprudence being thrown out in favour of soome ‘other’ measuring process?

For christs sakes, we don’t have a proper measuring process within the halls of current jurisprudence,ergo, the FC.

No, Thorpe J. With the greatest respect we simply want jurisprudence Where allegations must be tested to the very minimum level of a Civil Court test BEFORE any interim or permanent orders are made in the FC.

We demand all Substantive hearings are heard within the statutory 60-days.

We request and require that all allegations are filed as a formal complaint with the New Zealand Police.

We request the preparedness of the police to determine the rectitude such complaint. And in the event the police find insufficient evidence to prosecute, then the allegation is treated as a nullity.

And please, Thorpe J. Do not attempt to assert the test of allegations in the Fc ‘must’ be low for the safety and well-being of the children.

The total lack of sensible test in the FC is the very cause of misery caused to so many children. For example, the 300,000 children currently bereft of a father.

Kind regards
David.

Father Arrested For Painting Courthouse Doors Purple In Holland

Filed under: General — Intrepid @ 12:54 pm

Dateline: Holland
Author: Kurt Anderson
From: F4J (US)
Via: The Honor Network

AMSTERDAM – A man painted the doors of Assen courthouse purple on Tuesday morning to highlight what he says is system’s bias against fathers seeking parental access.

Police arrested Gerben Rorije, a member of the Familie4Justice group, for vandalism.
Rorije said purple is the colour for equality, which is a principle that is lacking in the law governing parental access. He accused the Child Welfare Council of preparing inadequate reports which were always to the detriment of fathers in divorce cases.
The protest at Assen in the north-east of the country passed off peacefully. Several supporters of Familie4Justice were present but were not arrested as they did not physically help apply the paint. The protest took place before the court was open for business.

Familie4Justice is an organisation that campaigns for equal rights for fathers and mothers involved in divorce proceedings. Figures by Statistics Netherlands (CBS) suggest a quarter of children do not have regular contact with their fathers in the first few years after divorce.

Mon 7th August 2006

Boshier 2

Filed under: General — dpex @ 7:24 pm

A transcript of some.

“You Sir, and your Alice In Wonderland court are a shameful act. We can but trust that Asher J’s reserved judgement will bring some sanity into this utterly insane environment.

Meanwhile, you may be assured that the protests against your staff and the sundry court appointed lawyers who work for peanuts and thus demonstrate they can’t hack it in the real world of practice, will both continue and escalate.

You have on your hands the modern-day equivalent of the French Revolution. It’s young and lacking force, but it’s growing.

Vive Le fathers! We have had enough.”

Sun 6th August 2006

In honor of John Murtari

Filed under: General — Julie @ 11:06 am

In honor of John Murtari and August being Child Support Awareness month in
America.

please redistribute:

International Day of Protest for John Murtari, Equal Parenting and Family
Law Reform – August 9

Members of A Kids Right ,
Fathers4Justice-USAand
Fathers4Justice-Canada ,
along with local parents will be demonstrating in Syracuse, New York on Wednesday, August 9, in support of passive resister John Murtari. Murtari is founder of A Kids Right and proponent of Equal Child Custody and a Family Rights Act.

Inspired by Gandhi, John refuses to cooperate with his captors while he is incarcerated for failure to pay all of his child support.

Murtari has not had any water or food since Monday, July 31. His health started to decline quickly and he was moved to a jail with better medical facilities. By Friday he was in a local emergency room with a rapid and irregular heartbeat. The demonstration will either be at the Syracuse City Jail, or the hospital. Most likely it will be the hospital. Let’s pray it’s not the morgue.
(more…)

Sat 5th August 2006

Letter To Boshier

Filed under: General — dpex @ 9:13 pm

Dear Sir,

I also wish to add my voice to the growing number voicing significant concerns regarding the way in which the Family Court system deports itself.

The first of my concerns regards that of the statutory requirement for substantive hearings to be heard within sixty days of the first interlocutory hearing.

On Tuesday, 2nd August, during my appeal of your minion, David Mathers’ judgements, much to my amazement, and that of Asher J, cases such as mine, which have dribbled on for well over five months are doing so simply for lack of funding.

I’m sure this is an excellent excuse in many cases, but in many more clever lawyers are using the underfunded court system to stretch cases, hoping appellants will simply give up.

Sir, your job is to ensure your court operates at the level dictated by statute, thus I am required to ask why you have not been doing your job. Why is there insufficient funding for the Family Court?
(more…)

Fri 4th August 2006

Child Support Reassessments

Filed under: General — Scrap_The_CSA @ 10:52 pm

Dont forget to send your submission to the inquiry into the Child Support Act 1991

This is a question from Star taken from that thread. Its a common problem with Child Tax so I thought I would offer some obsevations.

Have got 3 letters from IRD each stating the information on my salary has been provided by my employer.. fine that’s not a problem.. the error though is the quoted amount on each of the letters. They differ vastly with a difference of $15g’s between them and non of them are anywhere near my true salary. These letters are each dated within 2 weeks from each other Does this require a review?.. or some control here.. it appears the IRD/ CSA are playing games or just plain incompetent.

Starr I think what you have recivied is a reassessment.

A few years ago the politicians, after recommendation from IRD and above protests from reformers and anyone who could add, made a fundamental change to the Child Support Act in the way the child support income for the year was calculated.

The old way of doing things was to base your CS Income for this year on your taxable income from two years ago. (Note 2yrs still applies for most self employed people) Now they use your taxable income from last year. This is a nightmare for both paying and receiving parents.
(more…)

Dame Silvia’s Sexism

Filed under: General — Ministry of Men's Affairs @ 1:10 am

I submitted the following letter to the NZ Herald.

According to your article on 3 August, Dame Silvia Cartwright in her farewell speech described her hope in New Zealand for “…better health and human rights, especially for women and children”. Why should men also not be accorded better health and the same human rights as women? It is incredible that our society has been so captured by feminist ideology that the nation’s most senior statesperson believes it is acceptable to discriminate openly against men. Her statement is made all the more insensitive by the fact that men already fare much more poorly in health statistics than do women and men die more from most of the leading causes of premature death in developed countries.

Dame Silvia went on to make condescending jokes about her husband who has supported her through her illustrious career. This included a joke about his baldness. Imagine the outcry if a major statesman publicly made jokes about his wife’s sagging breasts or expanded thighs. One might contrast Dame Silvia’s speech with that usually made by a man. You are likely to hear him express heartfelt gratitude and respect for the wife who supported him.

Thu 3rd August 2006

Turner seeks CYFS Complaints Authority

Filed under: Sex Abuse / CYF — JohnPotter @ 12:35 pm

Hi John,

I have taken the liberty to email you this release from Judy Turner MP, calling on an independent complaints authority to be set up for CYF complaints. I gained your email address from the MENZ website which I regularly check as a researcher for Judy Turner and United Future. I apologise in advance if you do not want this email, but I thought that given the large numbers of fathers (and some mothers) out there that have had care and/or contact with their child removed from them by CYF – for which the only way to contest any decision is to complain back to CYF themselves, that you may be interested.

United Future family spokesperson Judy Turner is calling for the creation of a complaints authority to provide an avenue for people who feel they have been unfairly treated by the Children’s, Youth and Family Services.

“CYFS have statutory powers to legally uplift children from the care of their parents where it is considered the children are at risk.

“What I have discovered is that while the Children’s Commission has legislative responsibilities to investigate complaints about the decisions made by CYFS as they pertain to children, there is no independent body that parents and other adult family members can turn to if they believe that they have been treated unjustly by the department.

“Like most other M.P.’s I have a steady stream of letters and e-mails from families who claim to have been poorly treated by CYFS, and while I am sure that not all of them would be upheld if subject to proper scrutiny, I worry about the ones that could well be genuine and for whom there is no opportunity for redress.

“By way of analogy, the New Zealand Police Complaints Authority handles about 2500 complaints a year.

“The Authority is independent and is staffed by 7 full time employees and costs just over $2 million per year to run. Approximately

  • 50% of complaints are not upheld,
  • 13% (on average 343 complaints per year) are upheld or are partially upheld
  • The rest are neither upheld nor not upheld, but are resolved by conciliation or are dropped.”

Mrs Turner would also like the government to fund the Children’s Commission adequately for the investigative work it carries out now.

ENDS

Judy Turner is the deputy leader of United Future, and has taken particular interest and concern with outcomes relating to CYF cases and processes and the Family court. Last week she contacted Wayne Pruden to publicly greet and congratulate him when he reached parliament steps after his one-man hikoi, and met him privately in her office afterwards for discussions with him.

Wed 2nd August 2006

FROM THE HIGH COURT 2

Filed under: General — dpex @ 9:55 pm

I guess I should enlighten you all as to the substance of the appeal.

The appeal was lodged on the basis that Judge Mathers’ judgement, in allowing CYP a S78, was wrong in law and fact on four points; the main point being the ‘level’ of the ‘test’ required before the court can issue an interim custody order under S78.

It is noteworthy that in fact my appeal was the first such appeal of this specific nature and so whatever the outcome it will have a profound affect on future FC decisions.

If Asher J finds in my favour then the level of test which Hooker proposed must be much higher than was applied by Judge Mathers.

Notwithstanding the S78 order was an ‘interim’ order, but only one of many ‘interim’ orders available to the FC.

It follows that if my appeal is allowed then the FC will be required, in future, to apply a relatively high test to all interim orders, but most especially those directing contact prohibition.
(more…)

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