Comments on: Jim Bagnall - Family Court should follow Australia

By: Vicki

Vicki — Thu, 19 Jul 2007 02:29:23 +0000

Shared parenting should be a given, but not possible in lot of cases. Especially if you have selfish ex that undermine your authority and will not support you.
I am saddened that some people choose to make life harder for the children and parents involved. When it could be made easier with a little co-operation.

By: Kai

Kai — Mon, 20 Nov 2006 09:47:17 +0000

The Family Court has recently completed a study of several years and new directives with similar themes - ie making the child central to consideration and increasing scope for mediation.

My personal impression is that, frankly, it’s a little pointless - as the real problem is the current rules not being adhered to or enforced by judges.

Hopefully, however, it’s a question of evolution - where increasing pressure on and guidance for judges will see changes in that way.

By: eye of the tiger

eye of the tiger — Wed, 01 Nov 2006 01:35:47 +0000

Stephen and others

I agree, presumptive joint shared parenting as the starting point is the way to go. The question I ask is, where in legislation does it say otherwise and yet we know that’s not happening.

I’m well aware of agendas but with mediation, parties don’t have to agree to anything. Parties and attorneys often have a common motivation to obfuscate the resolution process: one may not want to face up to the issues in dispute; the other gets paid for their time. They typically will refuse to negotiate and will unnecessarily escalate the conflict and the costs of litigation. In most disputes there is typically only one party who really wants to have things resolved. In front of a good facilitator it’s hard to keep that going. If nothing else you will at least have a record that could be handy later when you are accused of not wanting to settle in the plea for costs. Even if parties don’t enter into an agreement you party may gain invaluable understanding.

By: Stephen

Stephen — Mon, 30 Oct 2006 13:37:09 +0000

Tiger,
I’ve been on the recieving end of ‘mediation’ and it’s been misandrist to a tee. I had no show of getting a fair crack. Just bear in mind ‘mediation’ is but a word which can mean many different things to many different people - many with hidden agendas which unfortunately don’t become apparent until you’re sat in front of them.
Jim and XSryder said it right. Presumptive joint shared parenting as the starting point is the way to go IMO.

By: XSryder

XSryder — Mon, 30 Oct 2006 07:06:36 +0000

Jim you are absolutely right. Presumptive Equal Shared Parenting as the starting point is essential to deny either party a position of power and control.
Further, compulsary mediation can only be successful where BOTH parties want what’s best for the child, and where the courts actually listen and take on board what mediators say.

By: Jim Bailey

Jim Bailey — Sun, 29 Oct 2006 20:47:13 +0000

Tiger,

What makes you think councellors are any more NATURAL Family Orientated than Judges?

I would suggest they will be even more agenda filled and even more sckilled to achieve their own agenda

We need presumptive “Equal” Parenting deep within ALL Law, Social Policy and Social Impetuous before we continue to tinker with our troubled FAMILIES in Anguish Flourishing industry.

Even better HandsonEqualParenting from conception.

Onward - Jim

By: Mark Lloyd

Mark Lloyd — Sun, 29 Oct 2006 20:16:12 +0000

And now the relatives are shoring up support

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10408235

What a crap state of affairs either way you look at it really.

By: eye of the tiger

eye of the tiger — Fri, 27 Oct 2006 04:55:32 +0000

I have heard one thing they propose is to use compulsary mediation. I believe a very big part of the problem is our adversarial or conflict-based dispute resolution process where lawyers do their best to hide the truth and caused delays. There is nothing in legislation that says that on separation the woman is to get custody of the children and possession of the matrimonial property and the man is to be sent to anger management. This only happens in common law or judge-made law.

By: wendy

wendy — Fri, 27 Oct 2006 01:35:01 +0000

Well it is wonderful to see the mother is acually being held accountable for her actions…finally!! I hope a few more mothers get locked up for other such behaviours.

By: Mark Lloyd

Mark Lloyd — Thu, 26 Oct 2006 19:45:36 +0000

And it looks like she has been manufacturing letters alledgedly written by the boy. surprise surprise.

Stuff: Custody battle turns nasty with mistreatment claims