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Lawyer: if you have a penis, then you will lose in Family Court

Filed under: Law & Courts — JohnPotter @ 8:24 pm Thu 23rd November 2023

First published NZ Herald, 22 November 2023
By Jeremy Wilkinson

Lawyer’s comments about judge land him before tribunal

A lawyer called a judge an “ignorant woman” in a 10-page memorandum filed to the Family Court and referred to it as a “vagina court” during a custody battle with his ex-wife.

The man has also accused the opposing counsel of committing perjury, defrauding the legal aid system, and said its employees were “feminist staff who had a bone to pick with men”.

The comments have landed him before a professional panel, and while he doesn’t have name suppression, NZME can’t name him because of Family Court restrictions.

In the memorandum, he said of the Family Court that “if you have a penis, then you will lose. The law … well, that doesn’t apply in the Family Court!”

“… the law is secondary to the vaginal operational protocol of the Family Court, and all practitioners associated with such appalling orders should hand in their practising certificates, as they do not stand for the law, rather they stand for gaming the system, which is not justice.”

The man, who was representing himself in Lawyers and Conveyancers Disciplinary Tribunal proceedings, said a Family Court judge had “incorrectly [interpreted] High Court precedent that a C-grade first-year law student would not have got wrong”.

He then said the judge and his ex-wife’s counsel had made mistakes that “an ignorant woman would make” and that the Family Court in general operated on a “vagina = win, penis = lose” basis.

His comments earned him a complaint to the Law Society which has taken him to the Lawyers and Conveyancers Disciplinary Tribunal, where he’s facing charges of disgraceful conduct.


  1. The New Zealand family court has betrayed justice for fathers is betraying the wellbeing of the whole nation.

    What the accused lawyer said is statistically true. Always ignoring factual and higher court decision aiming for total devastation of the father and child’s relationship, his financial future and mental health. What is the point of that?

    If a father submits undisputable video and text evidence, that evidence is minimised, discounted or totally ignored.
    It is not disgraceful to point out the obvious in what I call street language. It is disgraceful for a Judge to behave in such an obtuse way towards fathers and their relationship with their own children.

    How did Australia deal with this out of control monster?

    The judge in charge of overseeing Australia’s new family law system has warned of a compliance crackdown in disputes between ex-partners and vowed to improve the waiting time for dealing with parents flouting court orders.

    Chief Justice William Alstergren said, “compliance in family law has long been a real problem for our system” and “it is perhaps the worst jurisdiction in Australia for compliance”.

    It wasn’t simply parties without the benefit of legal representation who failed to comply with court orders, Chief Justice Alstergren said. “Time and time again we find a lack of compliance interferes with the effectiveness of the court, but also the confidence people have in our system,” he told the legal profession during a virtual event. “Compliance will be a real focus going forward.”

    The new court will introduce a national contravention list, which is aimed at dealing swiftly with alleged breaches of court orders.

    “Where there has been a lack of compliance, often it’s taken far too long to try and get to those applications and deal with them”.

    “There will be costs orders if need be. There may be a revision of orders. If one party has withheld children against the orders that were made in the best interests of the child without a proper reason, orders may have to be adjusted, giving that party less time or ensuring they do comply in the future.”

    “There will be ramifications. We’re quite confident it will make a significant difference.”

    Under laws governing the new court, the “overarching purpose” of family law practice and procedure provisions is to “facilitate the just resolution of disputes … according to law, and as quickly, inexpensively and efficiently as possible”.

    Parties are obliged to act “in a way that is consistent with the overarching purpose”, and their lawyers must take account of that duty and assist their clients to comply.
    Chief Justice Alstergren said “costs consequences may follow for either party or their lawyer if they should fail to comply with this duty”.

    My hope is the new Minister of Justice Mr Paul Goldsmith will drain the swamp by closing the family and move it to the district court along with the appointment like Australia has done.

    Above abstracts from the following link.

    Comment by Lukenz — Fri 24th November 2023 @ 2:22 pm


    Comment by Lukenz — Fri 24th November 2023 @ 2:31 pm

  3. read our true story on the NZ family courts where lawyers lie, protect the abusers of children ( and the elderly ) exploit conflict for money, and coverup expert evidence of severe harm – lawyers protect lawyers and this despicable business.

    Comment by Hornet — Sat 25th November 2023 @ 7:54 am

  4. So lawyers are judging this, he made accusations.
    He also used the word perjury, which is a crime.
    But he is investigated, he faces punishment.
    None of his accusations, are being investigated.
    Saying them is being judged, his words deemed criminal.

    It says his court battle was 4 years, that’s a long time.
    And if he was a bad person, the article would say so.
    Think about the most competent man, a male lawyer can’t win.
    You can feel his frustration, why he told his truth.
    Now for saying it, they want to destroy him.

    Try then judge, judging his criticism.
    What is the custody decisions, the % for mothers vs fathers.
    If he was not wrong with his criticism, how can he be punished.
    Is this what feminism looks like, telling the truth is a crime.
    The rest of the world is crazy, NZ has a good example.

    Comment by DJ Ward — Sat 25th November 2023 @ 9:19 pm

  5. Recently an Australian court judge was sued AU$309,450 (NZ$335,042) plus costs for overreaching his powers.

    Judge Salvatore Vasta victim, a man was imprisoned on family property matters for 6 nights of a 12 month sentance.

    The inside story.

    Comment by Lukenz — Mon 27th November 2023 @ 6:30 am

  6. Regarding “Lukenz” comment
    “If a father submits undisputable video and text evidence, that evidence is minimised, discounted or totally ignored.”

    This happend to me recently.

    My ex sent messages to my friends and family making false allegations which include extreme language by calling me child abuser.

    I am still in a shock why the judge completely ignored the solid evidence along with her confession and dismissed the case. On top of that, I also have to pay for her cost.

    The assessment of the judge was based on factually in accurate statement and assumptions.

    I talked to the lawyer for appeal and he told me it is highly unlikely to be reversed by the high court.

    I have completely lost faith in the legal system. This murder of justice is happening everyday.

    Comment by Williams — Tue 28th November 2023 @ 1:33 am

  7. @4 Its the sort of carry on you would expect to see in a third-world country. It is not normal behaviour to have a policy to ignore evidence. It is not justice.

    Shamefully, the family court has been run by hard-line feminists who have long since departed from normal justice.

    Today there is a new sheriff in town. Arguably, 3 new sheriffs in Wellingtown. They all seem to have a grip on the nonsense that has happened in the last government.

    The new minister of justice Mr Paul Goldsmith is likely to be aware of high profile cases like the 10-page memorandum filed in the lawyers disciplinary tribunal because it is in the news.

    A change in legislation to limit sentencing discounts is going through the system now.

    Unsure if the ministry for women is going to be axed. My guess is it will because it will be to help balance the books and the govt have kept quiet on the subject. That and the new government doesn’t seem to like race based policy. Hopefully that extends to gender based family court.

    Comment by Lukenz — Tue 28th November 2023 @ 11:35 am

  8. Nice comments people, it’s definitely interesting times.
    But I never heard politicians, campaign on the family court.
    That it would weed out dishonesty, the false witness.
    Become 50:50 or anything, something to end discrimination.

    What is the gender diversity of workers, I doubt it’s equal.
    But even if that’s true, the outcome should be the same anyway.
    Justice processes facts, gender of the staff is irrelevant.
    That’s an ideal version of justice, I suspect we don’t have that.

    The solution may not be more male staff, but it’s ideology.

    Comment by DJ Ward — Tue 28th November 2023 @ 7:30 pm

  9. I have found some statistics, about domestic violence.

    A new report from UniSAFE reveals that European men are far more likely to be victims of domestic violence than women. The report reveals that university staff and students who are males are 33% more likely to be a victim of physical gender-based violence compared to females. UniSAFE found that 7.2% of males, compared to 5.4% of females, had been physically victimized since they started working or studying at their institution

    That’s consistent with other statistics, about domestic violence.
    So how can we get biased outcomes, with any government act.
    Police safety orders, are nearly always against the male.
    Protection orders are the same, why are the mostly against men.
    Arrests and prosecution, are nearly always against men.
    And statistics do say, men get ruined in the family court.
    Services for men, is not a NZ government thing.
    How can that be the case, when the research says the opposite.

    Men are always presented as the abusers, when women are worse.

    Comment by DJ Ward — Thu 30th November 2023 @ 8:00 pm

  10. This is a difficult time of year, it can be harsh on men.
    Many experience a relationship ending, and not seeing the kids.
    A temporary protection order, and they can’t even give presents.
    From being an involved father, they become completely excluded.
    They feel broken, they feel somethings wrong with them.
    In that scenario for the man, they haven’t even got to court yet.
    The bigotry had already begun, the punishment was automatic.

    Right now some men are in despair, everything is going wrong.
    They may be small in number, but some are innocent.
    Try then imagine that Christmas, because it’s happening now.
    Even if the court is not bigoted, it can’t fix this Christmas.

    Comment by DJ Ward — Sat 23rd December 2023 @ 10:54 pm

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