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Sun 13th January 2008

Family Court problems for fathers.

Filed under: General, Law & Courts — julie @ 11:21 am

Are things balancing for fathers in Family Court proceedings as Judge Boshier (head Judge of the FC) tries to make us believe is a question I raised on another site that helps fathers through this difficult time. Here is an agreed comment back from fathers who work with cases.

My personal experience is that - here in Hawkes Bay - changes for the better are happening. Just recently for example, we (UoF - no lawyer) put together an application for a Without Notice Parenting Order and it was granted. I have to say that a couple of years ago, this would never have happened. We have also been far more successful in recent times achieving shared care.

It is important to note that Hawkes Bay is an area organised and the ‘Father’s Coalition’ and ‘Union of Fathers’ have protested outside the FC in numbers and were part of a documentary on TV. Not all areas are the same.

While I do have to give the local Judge credit for making an effort, there are still far too many problems and we are a very long way indeed from “have things balanced out”.

Here are some of the more obvious FC problems:

  • Fathers accused of whatever have to prove that the allegations are wrong. In contrast, my impression is that if a father accuses the mother (even if he has all the evidence), at best the court completely ignores the allegations and at worst treats it as him trying “to make her feel bad about herself” (i.e. he is using [a form of] violence).
  • I have yet to see a case where a person is charged and convicted for perjury for knowingly making false allegations in affidavits or in the court
  • Court staff are generally unhelpful in providing information regarding FC procedures to self litigants (perhaps this is a training issue)
  • It still appears that the FC makes sure that lawyers and psychologists make a lot of money (”in the best interest of the children - as long as it fills our pockets”).
  • Cases still drag out far too long.
  • There is still a reluctance by the FC to come down heavy handed on people breaching orders.
  • Much larger are problems with current legislation and practices affecting cases which go through the FC:

  • As a rule, protection orders still include children even if the applicant’s affidavit does not raise any concerns for their safety
  • No basis for equal shared care after separation
  • Legal aid is extremely sexist
  • DV legislation is extremely sexist
  • Child support is extremely sexist
  • DPB is extremely sexist
  • Paternity tests can still be blocked by the mother
  • Other major problems are the general views and perceptions of the public which came about through indoctrination by feminist propaganda:

  • Men are wife beaters, rapists and child abusers
  • Women who treat men like crap are empowered women
  • Women who abuse children have been abused themselves
  • Women who commit crimes do so because they had a rough past
  • Women need protection
  • Men need to take responsibility for their actions
  • Such perceptions influence decisions made in the FC.
    Pete

    Another interesting comment made was about the above comment;

    Pete’s put everything very well.
    Being involved with Pete in the court in Hawkes Bay I back up his comments.
    The real problems down here are guys who go into the process using the lawyers. Virtually every guy using a lawyer for the process is coming off worse. Last year I did an informal telephone poll with local lawyers asking how many of them had achieved shared care for male clients in court.
    1 Lawyer had achieved it once. Here in HB around 7 guys have achieved shared care in the last 18 months without using a lawyer. Lawyer involved cases drag on and cost the guys thousands and usually lead to repeated court interactions.

    It’s mostly about guys being aware of the tricks bullying tactics and manipulating that virtually all of the HB Lawyers seem to indulge in. Which of course drags things out and means more money for themselves!

    New Zealand is not alone in the problems feminism is having on families and especially bias towards fathers.

    A British Court has ruled that a child is so purely the sole property of the mother that she can unilaterally decide to conceal its existence from the father (unless, of course, she unilaterally decides that she’d rather get child support from him).

    The court held that “the father’s rights were not violated because he did not have any to violate.”

  • The underlying legal principle is clear and simple: Women have rights; men have responsibilities!
  • Government figures in Britain indicate that more than 90 % of the time mothers are awarded residence (custody) of the children. Since 90% of divorce cases never get to court, it is presumed 90% of fathers are satisfied. The fact is, most men know the odds are stacked against them, and don’t have the money or heart to go through a debilitating legal process they are sure to lose.

    And this is the response from a feminist who left her calling card amongst the comments.

    Oh no, another tale of the put-upon white male. He has found an aspect of women’’s lives that he can’t control, but fear not, he won’t rest until he’s rectified that.

    The problem does not seem to be every woman who relates to some of the fine things feminists and women who work in the communities or those who took part in protests for better wages and such did in the past or do in the present. It is the man hating gender feminists and the ideology that they have suffocated Western Societies with.

    I have a female friend who I hold in high regard who is an old school gender feminist. She has 4 sons herself and is connected to other feminist women who have high positions in Plunket and so forth. When I spoke to her about the bias towards males and in particular fathers in custody cases she replied, “So now after 1000’s of years fathers want to be a part of their children’s lives! Well, tough”.

    8 Comments »

    1. Great post, summarizing the current situation very effectively.

      Comment by Hans Laven — Mon 14th January 2008 @ 12:29 am

    2. Thanks for making this interesting discussion public Julie.

      Two of Judge Boshier’s recent presentations:

      The Family Court - Towards Achieving Our Best Auckland family Courts Association 29th November.


      New Zealand Law Society Family Law Conference 8th November

      Comment by JohnP — Tue 15th January 2008 @ 11:10 am

    3. Should the “Auckland Family Courts association” and the “NZLS Family court section” not include representitives of consumers of their “Services”

      Comment by Alastair — Tue 15th January 2008 @ 11:24 am

    4. The Family Court of New Zealand is a cess pit of stinking corruption !

      Comment by dad4justice — Wed 16th January 2008 @ 9:33 pm

    5. I agree with the comment ‘As a rule, protection orders still include children even if the applicant’s affidavit does not raise any concerns for their safety’
      Being involved with the system for 8 years the bottom line is nothing has really changed.

      Comment by Graeme — Thu 7th February 2008 @ 6:50 pm

    6. Correct dad4justice, i have just come across a Family Court judge called L de Jong in the Family Court Northshore, this Judge would be the most biased prick i have ever experienced.

      Comment by Graeme — Thu 7th February 2008 @ 6:55 pm

    7. Just wondering. How bad is it if the father signs day to day care away (after the councelling sessions) to the mother? Its all done, but still a bit hazy. Her lawyer was getting irrate because he was stalling signing it and the lawyer was threatening to take him to court.
      (the stalling was because of her nasty txts and refusing agreed access)

      Comment by Sarah — Fri 8th February 2008 @ 12:10 am

    8. Hi Sarah, This makes me so mad that they are doing things like this. They should not be asking anyone to sign day to day care away.

      The counsellors at women’s centres are scaring females into going to court to get day to day care on paper. They say that the father could pick the children up from school and kidnap them because he is still a custodian.

      It is pathetic. A mother is a mother and a father is a father. Both are parents 100% to a child.

      Would you mind if I e-mailed you and got your story. I think this needs to be made public if possible.

      Comment by julie — Fri 8th February 2008 @ 2:42 am

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