Work Required to Change to Open Marketplace for Parenting Plan Certification Services
Below is a list of areas of legislation needing to be changed. This has been taken from my Submission to Review of Family Court.
Please add points left out into comments.
Where suggestions I have made are unrealistic or unfair to women or childless persons, please make appropriate comments.
If you wish to make suggestions or discussions confidentially, please contact me privately.
This list is presently only aimed at familycaught$ and child protection. We need to consider men’s physical and mental health too.
Social Security Act
Abatement rates are too high.
Government benefits should only be made available to people after they have shown that they have the skills and resources to parent successfully, in the situation they are entering. Benefits should not be made available, just to break up existing marriages, without a strong and proven justification. If someone wants to break their marriage, then usually they should make their arrangements without relying on Government benefits. Provision of DPB on demand, allows many children to leave the relative safety of their home, for a more dangerous solo parented existence.
shared parenting, parents tax credits sharing
DPB access should be based on showing that there was a need for independent accommodation, rather than “I want”, that is marital and family accommodation options were not available. Benefit level based on history of market earning potential, to make it less attractive to women without moderate earning capability.
Family Court Rules
Generally very satisfactory, as is. They would benefit from simplification. As far as possible, should be identical to District Court Rules, as they used to be.
Care of Children Act
Generally very satisfactory, as is. They would benefit from some simplification.
Prohibition on removing children from marital home, without agreed and approved Parenting Plan.
Relationship Property Act
This act creates large perverse incentives and is also urgently in need of clarification and simplification. This act provides too strong incentives to break up relationships, due to big payouts, after relatively short time in the relationship. The act rewards people for sharing less in the relationship and tends to rewards people who keep most of their funds separate.
Child Support Act
Child support should be based only on basic food, clothing, incidentals such as travel, school and everyday cultural needs of children, ie not accommodation. private school fees, international holidays.
Before CS demand should be accepted, the other parent should have first right of refusal to take care of the children, without demanding payment of child support. This leads more naturally to the parents sharing the care of the children, thus protecting the children’s right to have a working relationship with both parents. This arrangement gives the children the best protection from parents with poor parenting skills or mental health.
Child support should be based on total household income, to prevent manipulation by deciding to stay at home to care for children, rather than work for taxable income.
Child support should be based on actual care of the children, thus adjusted each year end, if the care was different from plan.
The most important change required in practice, is in attitudes within IRD CS towards accepting information from fathers.
Legal Services Act
Change eligibility rules for parental disputes, to restrict total cost per year.
Remove the protections for LSA supported litigants, with respect to costs rules, so that they are fully accountable for wasted costs and baseless applications.
Remove acceptance of evidence-less applications. Risk management to be based on consideration of damage by emotional neglect and loss of relationships.