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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.

Tue 15th July 2014

The Marlborough Express – A Paper with a Backbone

Filed under: Gender Politics,Law & Courts,Sex Abuse / CYF — Mana Male @ 6:42 pm

The Marlborough Express has today released an opinion piece that reveals just what’s at stake with regards to the Labour Party’s proposed changes to the our justice system. It’s refreshing to a see a newspaper refuse to be a dead fish in a populist tide.

If you have a Stuff account, be sure to leave a comment and let the Marlborough Express know we value their commitment to reporting things for what they are;

http://www.stuff.co.nz/marlborough-express/opinion/10268063/Guilt-by-accusation

Tue 8th July 2014

Rape accused would have to prove consent under Labour plan

Filed under: Law & Courts — Lukenz @ 11:28 pm

Story here:
Rape accused would have to prove consent under Labour plan

Labours Justice spokesman Andrew Little thinks the 1% conviction rate of sex cases shows the system is broken. Rather than a trial Mr Little wants;
1. No defence council to question the victim. A judge would do it.

2. Wants the defendant to be questioned by judge instead of a trial.

The Law Society has argued strongly against inquisitorial systems in the past for obvious reasons.

You know Mr Little when you call a complainant a victim even before a trial you are already convinced the defendant is guilty.

There are already some innocent men in jail right now that have been convicted of rape. How could you possible even think of trying to make it possible for more men that may be innocent to be locked up.

Mr Little said he acknowledged the change would be a “huge leap”. I say it’s a huge leap alright, off the deep end!

Sat 5th July 2014

Rolf Harris Assassination By Long Prison Sentence Seen As Obligation

Filed under: Law & Courts,Sex Abuse / CYF — Lukenz @ 12:57 pm

This site has strangely been silent over the fate of Mr Harris.

Even if Rolf has taken advantage of girls under the age of consent, is 5 years and 9 months a fair and right sentence for an 86 year old man and his 20 to 50 year old historical crime?
(more…)

Sun 15th June 2014

Man charged with assaulting infant

Filed under: Domestic Violence,Gender Politics,Law & Courts — ashish @ 8:45 pm

Bet 100 to 1, this is a mother on DPB, and the 32 year old her boyfriend. And the father kept away by CYF.

http://www.stuff.co.nz/national/crime/10160337/Man-charged-with-assaulting-infant

Fri 13th June 2014

The Value of Your Own Legal-Worker?

Filed under: Law & Courts — MurrayBacon @ 7:13 pm

Out on the street with a message By Louis Houlbrooke NZ Herald 5:00 AM Friday June 13, 2014
…….

The 61-year-old became a casualty of the leaky homes crisis after an apartment he bought in 1999 suffered water damage. When he disputed the repair bill, [his own] legal costs forced him into bankruptcy.
(more…)

Thu 12th June 2014

What was the Research Justification for DV Act?

Filed under: Domestic Violence,Gender Politics,Law & Courts — MurrayBacon @ 9:40 pm

International Research 1974 to 1995

The reason for looking at research available before the DV Act was passed in 1996, is to see whether the legislation was sensibly based on social research, or was based only on ideology? – ideology only

If the legislation wasn’t based on research, then were there sufficient warnings, that should have prevented the DV Act from being passed in its original form? – yes there were clear warnings, that were strenuously ignored.

In addition to research looking into efficacy, was any consideration given to perverse effects from the legislation? This was discussed in Parliament, but Sir Douglas Graham expressed confidence that judges would not misuse the powers being given to them by Parliament and would use these powers for positive effect.

After the DV Act was passed, no further consideration was given to perverse outcomes, even after complaints from fathers that without evidence POs were being issued and this was being used to manipulate care/custody decisions.

With the imminent release of the Glenn Child Abuse and DV Inquiry Report on Monday, it is worth looking at the social research basis, for the DV Act.
(more…)

Sun 1st June 2014

Evaluation of Child Support Act for Children and Parents

Filed under: Boys / Youth / Education,Child Support,Gender Politics,Law & Courts — MurrayBacon @ 12:37 am

4 Objects
See: www.legislation.co.nz

• The objects of this Act are—
o (a)to affirm the right of children to be maintained by their parents:
o (b)to affirm the obligation of parents to maintain their children:
o (c)to affirm the right of caregivers of children to receive financial support in respect of those children from non-custodial parents of the children:
o (d)to provide that the level of financial support to be provided by parents for their children is to be determined according to their capacity to provide financial support:
(more…)

Mon 26th May 2014

Quality of Care Standard for Children

Filed under: Domestic Violence,General,Law & Courts,Sex Abuse / CYF — MurrayBacon @ 5:05 pm

Although children in NZ are “protected”, it isn’t to any specified Quality of Care.

On the basis that no real duty of care is required for children, the NZ Government slipped off the hook for any accountability at all!

Other posts show how the Government is substantially failing to protect workers from serious hazards in the workplace (or in the marital relationship too), this post unfortunately illustrates that children are the most dangerously unprotected of all.

For all of the great marketing performance of NZ Government, Clean Green and A great Place to Bring Up Children, the realities in NZ are as dangerous as in any other banana republic.

It is important to note and respect that Judith Collins acted for the child, now adult Prince.

For NZ to move forward into realistic protection of children, it is necessary that minimum standards of care for children be clearly specified.
This will naturally lead to a specification of the skills and resources required by parents (singly or as a couple), for children of various ages.
(more…)

Sun 25th May 2014

Fighting Corruption overt and covert

Playlist: Depths of corruption

10 talks · 2h 22m · Curated by TED

https://www.ted.com/playlists/148/depths_of_corruption

Corruption manifests itself in many ways, some subtler than others. From anonymous companies to bribes to unjust electoral systems, these talks take you deep into ethically murky territory … and offer bold ideas on what we can do about it.

Tue 20th May 2014

What to do when your relationship is over (separate, breakup, split up, divorce), and want to sort out ‘Parenting’.

Filed under: General,Law & Courts — Julie @ 3:22 pm

The internet is a wonderful tool to share information and menz is a popular site for New Zealand fathers looking for information regarding:

  • separation and divorce
  • parenting plans that become parenting orders
  • Shared parenting
  • Equal parenting
  • Full Custody aka day-to-day care of children
  • domestic violence
  • child support
  • and more

One such father didn’t seem to find what he was looking for which prompted me to revisit menz today to see what I could find with the question he asked in mind which was, “What do I do now [that I am separated]?”.
(more…)

Sat 17th May 2014

Shared Parenting – Evaluated honestly

Filed under: Gender Politics,Law & Courts — MurrayBacon @ 8:42 am

A Short Treatise on Woozles and Woozling

National Parents Organization

May 14, 2014 by Robert Franklin.

The excitement in the family law world occasioned by two papers – one by Dr. Richard Warshak that was endorsed by 110 eminent social scientists around the world and one by Dr. Linda Nielsen – has died down a bit with no blood actually having been shed. Whew, that was a close call. Warshak, et al and Nielsen thoroughly skewered work done by Dr. Jennifer McIntosh and colleagues that was widely used by various Australian organizations involved in parenting post-divorce to marginalize fathers, particularly regarding children under the age of three. McIntosh’s work was cited time and again for the proposition that fathers having their very young children overnight was a bad idea. Australian courts embraced the notion as did custody evaluators, lawyers and the like.

About that, Warshak, et al said this:

Advocates are promoting a report issued by an Australian government agency (McIntosh, Smyth, & Kelaher, 2010) as a basis for decisions regarding parenting plans for children of preschool age and younger. Accounts of the report appearing in the media, in professional seminars, in legislative briefs, and in court directly contradict the actual data, overlook results that support opposite conclusions, and mislead their audience.

A “background paper” describing the Australian report, posted on the Internet (McIntosh & the Australian Association for Infant Mental Health, 2011), illustrates all three characteristics.

In short, according to 111 prominent scientists, both McIntosh and fellow authors, and advocates that use their work to marginalize fathers in the lives of their children, make claims that “contradict the actual data, overlook results that support opposite conclusions, and mislead their audience.”
(more…)

Thu 15th May 2014

Budget 2014

Filed under: Boys / Youth / Education,Child Support,Gender Politics,Law & Courts — MurrayBacon @ 4:10 pm

Budget 2014

The Government has fairly successfully managed the costs and social upheaval associated with Christchurch Earthquake.

The budget has addressed large tax cuts to the top end of earners and generally not addressed tax evasion, particularly by corporations and wealthy individuals. These problems pervade the western world, as a result of ownership of political parties right across the spectrum, by extremely wealthy individuals. This conflict of interest can only be addressed, by tracking back all major donations to political parties and publishing them, after each election. This budget has not addressed these conflicts of interest. One example of such influence, is the Sky City “gambling deal”.

The budget has constructively addressed housing costs, supply and quality.

The budget has assisted parents, by subsidising costs of medical treatment, for children under 13 years.
(more…)

Wed 7th May 2014

Woman appeals divorce money split

Filed under: General,Law & Courts — Bruce S @ 8:25 pm

From STUFF today (7 May 2014)

A woman says she should not be responsible for half her former husband’s secret borrowings against their million-dollar family home. The woman thought they had a debt-free home and they even had a party to celebrate paying it off, the Court of Appeal was told today.

Court hearings have refined the issues over the way the former couple’s property should be split, but she still balks at having half the bank debt he incurred coming out of her share of the property. He had borrowed about $137,000. Neither does she want to compensate him for half the value of $120,000 she secretly put into a trust intended for their daughter.

After a career in the police, she built a successful business and was the main breadwinner for the family while her husband had irregular earnings from what one judge described as “somewhat fitfully” working as a tradesman. The husband also had distributions from his father’s “substantial” family trust. Over 18 years before the couple separated in 2008, she had a taxable income of $1.78 million while his was $52,000. But the husband had received up to $744,000 from his family’s trust, and the wife received other payments of about $160,000.

Two courts have refused the woman’s request for an unequal sharing of the relationship property. She has asked the Court of Appeal to hear her appeal on specific parts of the division, including whether she has to pay half the bank loan and pay him for the money that went into the trust for their daughter.
In Wellington today, the court reserved its decision.
The Family Court and the High Court have both refused to fence off the bank debt as being only the husband’s.
It was decided that he had used the money for the benefit of both in the course of managing the household affairs and bringing up the couple’s daughter.
He said he was too embarrassed to tell her that he had to keep borrowing.
The couple’s daughter, now in her 20s, has a health condition that means she may not be able to work.
Without her husband’s knowledge in 2006, the woman had put $120,000 into a trust set up to benefit the daughter and failed to refer to the money in the first eight formal statements she made in the relationship property dispute with her husband.
The Family Court found that putting the money into the trust had been intended to defeat any claim the husband had to it. As a result, the woman was ordered to pay him $66,250. The couple were not named in public documents relating to their dispute.

It seems “equality” is coming home to roost; well in the marriage property settlement sector at least. Clearly the winners here are the lawyers; this woman just won’t accept that what’s good for a man is good for a woman too….so she keeps going to court.

Ideology and Dysfunction in Family Law canada by Grant Brown

By Grant A. Brown | May 6, 2014 For several decades now, fathers have faced significant, widespread bias in family courts across Canada. But as author Grant Brown shows in this free e-book, many of the popular prejudices behind this bias simply have no basis in law or fact. In Ideology And Dysfunction In Family Law – How Courts Disenfranchise Fathers, Brown shows us why dads are getting such a raw deal – and what can be done about it.

Download Now Epub PDF
(more…)

Legislation and Policy Changes for this Election?

Filed under: Child Support,Domestic Violence,General,Law & Courts,Sex Abuse / CYF — MurrayBacon @ 8:13 am

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.
(more…)

Tue 6th May 2014

womens election agenda march 2014 final.pdf

A 100-point Women’s Election Agenda Aotearoa 2014 has been released, calling for action on violence against women and many other issues.
I don’t think there is a page in it, that wouldn’t breach the Human Rights Act, but for the Government exception. mcb.

womens election agenda march 2014 final.pdf
The link above was hurriedly password protected and later closed down completely.
Just read the text version presented below in the comments.

Sun 4th May 2014

Non-custodial parenting skills and guardianship in familycaught$

Filed under: General,Law & Courts — MurrayBacon @ 1:22 pm

There have been several posts recently where non-custodial parents have had difficulties in being heard at all in familycaught$.

One of the dishonest manipulations, for taking sole custody (the concept of sole custody was repealed in Care of Children Act passed by Parliament in 2004, but not familycaught$) is the without-evidence Protection Order.

Time has moved forward, the real world is progressing and NZ caught$ generally have moved backwards too. Leading the backwards charge, is familycaught$, by proclaiming itself a learning organisation. Sure, I have seen their ability to mangle money out of families develop into a Crusher level of skill. In terms of protecting anybody at all, I have only seen them protect their own paramount financial interests.

Remember – Caught$ only hurt people who take them seriously.
(more…)

Thu 1st May 2014

So If she takes my 2 children to Canada to live do I still pay Child Support??

Filed under: Child Support,General,Law & Courts — Had_Enough @ 3:59 pm

OK, so it seems that the mother of my children is taking my 2 kids to Canada to live and I will have no knowledge of where they will be living and no contact details whatsoever. I live in Australia which is irrelevant really because she blocks my access to them when I visit NZ and there is no history of violence or abuse on my part.
(more…)

Mon 21st April 2014

Are the USA running out of pussy passes?

Filed under: Gender Politics,General,Law & Courts — Bruce S @ 7:59 pm

“I hope you die in prison,” Michigan judge erupts on woman convicted of killing boyfriend.

JACKSON, Mich. – If a judge could throw the book at a woman, he managed to do so on Wednesday.

Not physically, but certainly by his stinging words. He had a lot of words for 31-year-old Camia Gamet, the woman convicted of killing her boyfriend Marcel Hill in March. Gamet claimed it was self defense and showed no remorse.

A First Degree murder conviction by law meant she would get life behind bars. Still, while family members spoke she would only roll her eyes and laugh, but Jackson County Circuit Court Judge John McBain would have none of it.

“You’re gonna shut your mouth or I’m going to have some duct tape put on it,” said Judge McBain.

A jury convicted Gamet for stabbing and beating to death Hill. Her lawyer argued she acted in self defense, because she claimed she killed an unknown attacker in a dark room. The judge wasn’t buying that and called it the worst cold-blooded murder he’s ever seen.

The prosecutor argued Gamet’s actions were premeditated and deliberate. She stabbed Hill 11 times and had a history of violence against him.

Hill told police in March of 2013 she hit him in the head with a hammer.

Family members say justice was served and they hope a lesson was learned about how abuse can come in all forms no matter the gender.

Can we finally begin to hope that we may see similar, proper justice without gender bias in a New Zealand court room sometime soon? Please?

View the video: http://www.theindychannel.com/news/video-judge-goes-off-on-convicted-killer

Wed 16th April 2014

latest press release from parents 4 justice

Filed under: General,Law & Courts — roo @ 8:42 pm

Separated mothers and fathers need to unite in the best interests of the child

“Changes recently introduced to the family court merely moves the bill from the taxpayer to the user and will make the situation financially worse for parents” says Amy McDonald, founder of Auckland based Parents 4 Justice.

Recently Parents 4 Justice launched their own justice system.

“We are a group of family court consumers so we have first hand experience as to the injustices of the current system – we have walked the walk. The financial and emotional impact of involving many government departments in family issues, including WINZ, IRD, CYFS and the Family Court, is devastating” says McDonald.

“Parents are being caught in a whirlwind of activity with each trying to fight for their own position when what is needed is a rational dialogue with a third party as to the all needs of the child and who can accommodate each need” says McDonald.
The current system does not allow this dialogue, contact and child support are two separate issues in the Family Court yet one can severely impact the other.

“In addition to the Family Court changes many lawyers are also offering other dispute resolution alternatives including collaborative law. Our clients have had experience with lawyers who have retrained as collaborative lawyers. One rang a P4J client yelling at him that if he didn’t enter the court system he would have his child removed from his care. This behaviour is disgusting. Threatening parents that you will take their children off them because you don’t wish to go to court is anything but just, as is taking up years of their life and ten thousand plus dollars in legal fees to sort contact arrangements when you are trying to recover from the devastation that is divorce. Putting parents under this stress is not in the best interests of the child at all” says McDonald.

“To train in an occupation that advocates adversarial tactics to resolve conflict and is very lucrative financially suggests that these values are also your own, changing your job title from lawyer to mediator or collaborative lawyer will not change your nature” says McDonald.

Of particular concern for Parents 4 Justice is the number of men who are being caught in the system. “Suicide statistics in men post divorce are tragic” says McDonald.

In a one year period to June 2009 Judge Peter Boshier, the then Principle Family Court Judge, identified 22 people who died whilst involved in family court proceedings. Eighteen were suspected suicides.

McDonald speaks to many parents going through the family court and notes a common theme often raised. “I hear repeatedly that family court officials seem to have difficulty determining fact from fiction and are exascerbating conflict – for example threatening suing the other party for costs and refusing to let their clients settle at mediation advocating a $30k defended hearing instead. Lawyers are trained to determine fact from fiction so this suggests there is an ulterior motive at play, they are certainly not rewarded financially for ending conflict between parties. What I know to be true is that parents are employing lawyers yet are not being served justice – and neither are their children” says McDonald.

“Our concern with the new Family Dispute Resolution service is that lawyers will continue to exascerbate conflict between parents, from afar.
We advocate for the child, but support both parents in how to do the same with the resources they have available. We are especially interested in talking to men who may be having issue in the current system. What we really need to do is to get mothers and fathers working together at an emotionally charged time. Lawyers merely take advantage of this situation” says McDonald.

The family court last year spent 142 million dollars of taxpayers money. Forty two percent of issues were around contact, such as shared care.
Parents for Justice is an Auckland based support group representing court consumers nationwide who deem their children to have not been served justice by the Family Court and advocate for parental involvement in a child’s life. For more information contact them at info@parents4justice.co.nz

References

http://menz.org.nz/2009/judge-boshier-links-suicides-to-family-break-ups/

http://www.justice.govt.nz/policy/justice-system-improvements/family-court-reform

http://www.collaborativelaw.org.nz/

http://www.stuff.co.nz/business/money/9905563/Separation-doesn-t-have-to-be-nasty

Fri 11th April 2014

Keep Your Eye on the Ball?

Every now and then, it is necessary to push aside all of the distractions and make sure that the main energy is focussed onto the most important issues.
It is necessary to identify actions that should have been taken place but didn’t, as much as the actions that did take place.
But what are they?
(more…)

Wed 9th April 2014

Prosecution Quality versus Corruption and Incompetence

Filed under: Domestic Violence,Gender Politics,Law & Courts,Sex Abuse / CYF — MurrayBacon @ 11:13 am

Here is an article about a Washington State policeman, who was framed by his supervisor (who was also having an affair with his wife).

Clyde Ray Spencer article from National Parent’s Organisation website
Clyde Ray Spencer article from Glenn Sacks website

Washington State’s Wrongfully Convicted article from Seattle News about the investigating detective who found the evidence to exonerate Clyde Ray Spencer. There must be many cases which should be resolved, but where the evidence cannot be found 2 or 3 decades afterwards.

The cruellest point made in these articles, is that in almost every single one of these cases where exoneration has been the outcome, the perjurors have never been prosecuted or disciplined in any way.

This is a close echo of false complainants extremely rarely being prosecuted.

The other common thread, is prosecution not honouring the accused’s right to discovery of all information held by the prosecution, in particular information which might support a conclusion of innocence.
(more…)

Legislation Quality versus corruption

Filed under: Domestic Violence,Gender Politics,Law & Courts — MurrayBacon @ 9:46 am

Medical Malpractice Crisis was Bogus, says Florida Supreme Court
Posted on April 1, 2014 by Larry Bodine

law news now, legal news, legal news for consumers
The court said that there was no evidence of an increase in frivolous lawsuits or excessive jury verdicts in Florida. Also, the damage caps did “virtually nothing” to stabilize medical malpractice insurance rates.

State legislators created a phony medical malpractice crisis to enact laws that only served to increase insurance company profits, according to a ruling by the Florida Supreme Court.
(more…)

Fri 4th April 2014

parents 4 justice press release

Filed under: General,Law & Courts — roo @ 12:45 am

Family court consumers launch their own justice system

Auckland based Parents 4 Justice have today launched their resolve to the Family Court.

Already many of their clients are writing parenting orders usurping the courts authority and contracting it out to a third party experienced in child development. This party encourages the parents to reach agreement based on the child’s needs, but ultimately has decision making power if they cannot and is accountable to an independent body. Should a party compromise obvious resolve the person who is attempting to cooperate will be duly rewarded.

“ A stark contrast to the family Court who entertain psychologically abusive parents creating issue because it keeps them gainfully employed ” says Auckland based Parents 4 Justice founder Amy McDonald.

“The changes announced today by the Family Court will do little to curb the injustice that exists there. These reforms are the same package wrapped differently” says McDonald.

“Lawyers are trained in adversarial tactics that exacerbate conflict they are not trained in child development, they advocate on behalf of their clients not the child and seem to not be aware of some of the research, especially around shared care that exists, yet they push for it” says McDonald.

Shared care is often argued on the grounds of shared responsibility between parents but McDonald says that is rarely the case.

“Typically one parent takes on the majority of the childcare because they have reduced their hours of work or have more flexible work arrangements, whilst the other compromises the child’s schedule (activities and appointments) because they are unable to accommodate it in their contact time. Despite the child often being placed with caregivers, parents who are unavailable because of work commitments will not compromise their contact(146 over nights or 40% constitutes shared care) because it would cost them in child support. This puts further pressure on the main caregiver financially in being able to meet the child’s needs in the time in which they have contact. This person often also has day to day care and is also responsible for all costs associated with raising the child” says McDonald.

Anecdotally many of her clients report that their ex partner will spend more on lawyers fighting for shared care than paying child support to enable at least one parent to be in the child’s life more rather than the involvement of both parents being compromised.

The cost and time it takes for the Family Court to make decisions McDonald cites as a key injustice which the court themselves recognise.

“To have an issue heard before a judge (a defended hearing) costs $30,000 per party. Many of our clients went to court on a single issue and up to a decade later are still in a quagmire of legal argument, CYF’s investigations and psychologists reports” says McDonald.

Albert Einstein said ‘you cannot solve a problem with the same mind that created it’. “Neither can the judiciary solve this problem especially when they are paid by the system – that is a conflict of interest. Court consumers know the issues and therefore are the most well qualified to resolve them” says McDonald.

Over a decade ago the employment court abdicated decision making responsibility to an independent body, the Employment Relations Authority. Full time professionals are employed within it and therefore there is no financial payoff to exacerbating conflict.

“This is what we have modelled our own justice system on and we encourage court users who deem the family court to be ineffective to contact us. Similarly we are looking for professionals trained in child development who would be interested in acting as a third party to resolve disagreements in a timely and cost effective manner to do so, two hours at the most, not years” says McDonald.

Parents 4 Justice is an Auckland based support group representing court consumers nationwide who deem their children to have not been served justice by the Family Court. For more information contact them at info@parents4justice.co.nz

References

http://www.justice.govt.nz/publications/publications-archived/2000/responsibilities-for-children-especially-when-parents-part-discussion-paper-august-2000/what-is-the-current-law

http://www.dol.govt.nz/er/solvingproblems/resolving/era.asp

http://www.legislation.govt.nz/act/public/2004/0090/latest/DLM317233.html

http://www.justice.govt.nz/publications/publications-archived/2000/domestic-violence-act-1995-process-evaluation-august-2000/the-court-process

http://tvnz.co.nz/q-and-a-news/q-paul-holmes-interviews-peter-boshier-2809634

Fri 14th March 2014

Research related to Jennifer McIntosh article used for denying fathers Meaningful Access

Filed under: Domestic Violence,Gender Politics,Law & Courts,Sex Abuse / CYF — MurrayBacon @ 10:19 am

Well known journalist Bettina Arndt is researching an article focussed on the recent academic paper in which 110 leading family researchers supported overnight care of infants and toddlers.

She’s urgently seeking men to interview whose contact with their young children has been adversely affected by assumptions in our family law system that such overnight care is damaging for young children. She’s particularly interested in cases where the “research” by Jen McIntosh was used to justify such decisions.
(more…)

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