Mother wins custody battle after terrifying children about father
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HER ”delinquent attitude” to parenthood was denounced in the Family Court after she waged a campaign to alienate her children from their father.
But the woman has still won sole custody of the two children, who are now so distressed by the prospect of a reunion with their father, a judge has ruled they should not have to see him.
The enmity between the parents, who cannot be named, has made their children’s lives unbearably miserable, Justice Stewart Austin said. He concluded the only way to end the conflict was, ”regrettably”, to terminate the children’s interaction with their father.
The court heard the man used to have loving relationships with his son, 13, and daughter, 10, but has barely had contact with them since the mother launched court proceedings last year to stop them spending time together.
Justice Austin was satisfied the mother ”embarked upon a campaign to align the children with her and reject the father” – behaviour described by a psychiatrist as emotionally abusive to the children.
Police and child welfare agencies investigated and dismissed the mother’s allegations that the father abused the children.
The girl, when interviewed by officers, said she and her brother had been promised rewards if they ”told the police about Daddy”.
Justice Austin said the mother made further ”outlandish, unsubstantiated allegations”, including that the father had installed a tracking device in her car, a surveillance camera outside her house and had broken into her home.
Her paranoia ”invaded the children’s day-to-day lives”.
The children grew to fear their father might kidnap them after their mother kept them at home to prevent their abduction from school.
The court in Brisbane heard the little girl wet her bed, while her brother had threatened self-harm if forced to see his father and was vulnerable to developing a mental disorder.
Justice Austin found the ”primary cause of the children’s desperate emotional turmoil lies with the mother”. Her conduct, he said, was lamentable.
However, he did not agree with the father that the children should live with him. While there was no risk he would expose them to harm, it would be ”highly problematic and dangerous” to force them to live with him when they did not want to see him.
Justice Austin was aware the man would be disappointed but said the court’s priority was not achieving a just result for the parents, but serving the children’s best interests.
He ordered that the father be allowed to have his children’s school photographs and reports. He can also occasionally send them gifts and write to show ”he still loves them and has not willingly abandoned them”.
Asked in court about how much responsibility she accepted for the children’s emotional despair, the mother replied: “I’ve done the best thing I can for my kids.”
Kim Arlington
January 4, 2011
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The biggest lesson in all this is to maintain contact with your kids. Do not EVER voluntarily forego contact. If you have to accept supervised contact in the interim, do so but try to get unsupervised contact. There is plenty of advice on what to do with your kids while you have them and also remember to memorialise those good times. The kids will quickly forget or have their memories “revised” for them and you need to keep momentos and photos etc to refresh their positive memories.
It can be VERY hard in the face of a dedicated alienator and unfortunately you may have to go to the trouble of proving your innocence (eg recording conversations etc) to disprove her allegations, but if thats the price of remaining in your kids lives then thats the price.
[Reply]
Further justice Austin injustice
Bachmeieir & Foster [2011] FamCA 86 (23 February 2011)
child’s allegations are unreliable – finding that the father does not pose an unacceptable risk of sexual abuse to the child – mother opposes a relationship between the child and father – child’s relationship with the father has deteriorated – high level of parental conflict – father proposes the child live with him immediately and spend time with the mother and maternal family – father lacks insight as to how his proposal will negatively affect the child – presumption of equal shared parental responsibility rebutted – sole parental responsibility allocated to the mother – child will spend infrequent time with the father – this will preserve a rudimentary relationship with the father.
I get the distinct impression that this judge is ambitiously revelling in such hard line notoriety and is, unfortunately, endorsed by the family court by a promotion to the appellate court. There, with other childless feminists like Borland J, his sole custody opinions can be self legislated as caselaw – far more potent than actual legislative intent.
The politicians views on shared parenting are published on this site with particular note of the support of two of the three independents, Windsor and Katter, needed for government.
It is time that views of the judiciary and rogue judges are exposed and “twitted†away. These views are published in their judgements on Austlii. It is a big job to filter but those with more than significant % of cases ordering sole custody or with near zero % of shared care orders (Dessau J) should be identified, twittered, picketed and boycotted… A significant number of recusal applications for reasons of pre-judgment and/or bias will stifle the most ambitious judge and likely pull the others into the public will line.
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zac Reply:
March 9th, 2011 at 7:40 pm
yes howard, A family lawyer will often ‘shop’ for a family reporter for their male client, based on previous family reports-
soon lawyers will be advising their male clients to defer a residency hearing until the ‘rogue’ judges are on leave or circuit etc- if this doesn’t already happen.
Therefore all the unsuspecting and unrepresented dads will be funnelled towards these devouring rogue arseholes.
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Lodge a sexual discrimination charge against the lot of them, i am single male parent, been divorced 15 years, kids lived with me, i did some casual work, but most of the time at home taking care of kids, when i did work they tried to use it against me that i cant take care of kids while working.
if you want more info just let me know,
lots of mens groups know of me, i am doing lot to stop sexist federal govt, and i am winnning and have them very worried as well
Malcolm Pearson
[Reply]
Lynne Reply:
January 21st, 2011 at 2:18 pm
How can we get in touch with you Malcolm.
[Reply]
Lawrence Reply:
March 31st, 2011 at 11:46 pm
How do i contact you
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I have been a house dad for 19 years I had worked at the same time from home, but none of this was taken into account, actually the opposite, I had basically been labelled a bludger by the Councillor, Psych and now the Magistrate.
Apparently, house dads and the term house dad are not allowed to exist, it is an affront to the legal system who’s mentality is still that the Man go out and work and the Mother stay home and cook and clean, as the comment from the court appointed Psych, when he asked what I did, I replied I look after the kids, cook clean do house work in and outside,
His response
“So you do nothing all dayâ€Â
His report reflected this all the way through, as did the councillor and the Magistrate’s.
So the mother was labelled the primary care giver, who was only home because she had become suicidal and depressed at work and only stayed off, looking for a big payout, is now back working and keeping the kids in after school care.
A week before the Magistrate made her final decision, I had Intervention orders against me dropped, 3 were taken out, the first, to remove me and my 18 year old from the family home, a home that was built partially for her, as she is in remission from cancer, my eldest and I spent two weeks in a motel, while the Ex cleaned out what she wanted and shifted her and the kids to Melbourne, supposedly in an illegal move.
Frome day one The Ex and her representatives have lied.
All Barristers, Solicitors who represented me ,earlier, when I had representation, all could see the truth, even the kids appointed Solicitor said what a bitch the Ex was, and how I had been hammered, then she, the kids Solicitor sided with the Mother, and stated it would be little disruption to the children’s lives, seeing less of the Father.
Now I had been with the kids every day of their lives, and the children 8-10 couldn’t understand why their Mother was talking about Daddy being angry and violent, as they knew it was Mum who was angry and violent, as we were all scared of her and she manipulated and controlled us all.
The children were so scared of her, she would use that fear to get the 10 year old Daughter to do and say what she wanted, my 8 year old son saw through the crap and tried to fight it, even trying to tell the court appointed councillor that Mummy had been medicating them.
The councillor wrote he didn’t understand what my son meant, and moved on.
They all stated that my son had sided with me based on my blackmailing him; I guess they really don’t have a clue about the bond between father and son.
Since the final verdict, my 10 year old Daughter has been distraught, blaming herself because she lied for Mummy, and now they have to live with her and the home the kids had, the stability, normality and security is gone, all I can do is assure her she did nothing wrong,
From day one I presented evidence along with the Truth, and from day one she had NO proof just lies.
The Magistrate handed down that the Children live with the Mother, in a 5- 9 arrangement, now I know that’s good, compared to what most guy’s get but this was a complete role reversal, the only money I received was what she always controlled me with, she would always leave me to care for her friend’s kids, while she went out, and no car.
Now it also looks like she might have been screwing around.
Now after the Ex being out of the family home for 10 months ,and me trying to maintain it for the sake of the kids, all three, when they are with their Mother they are never home, so when with me they never want to leave, as they try and fit everything into what little time they have,
But now the Magistrate is allowing the Mother to return to the family home in 14 days, to get what she has on a list, a list of items the Ex already took when she had me and my eldest removed the first time, the magistrate is also allowing her to take essentials and things I have already had to replace, not to mention I have 30 days to pay the ex over $30,000 or the Courts step in and kick me and the kids out, not even taking into account the needs of my eldest who has spent most of her life since the Cancer at home with me and Her Brother and Sister, they never even took into account that she was in the house when all the allegations were made, she was also abused, and the Ex actually waited until My Daughter turned 18, before setting this all up.
So in a lot of ways this Magistrate, who I will call the inland Tsunami, because like the floods that have devastated families, torn their lives apart and taken their homes, so has this Magistrate (Female)
I find it amazing that this Magistrate said that she is probably the only person in the world to wish for their job to become obsolete, If she took the time she would see it already is, as she did nothing but copy the opinions of the court appointed councillor, Psych, who the (Independent) kids Solicitor also copied.
Is there a place to go where you can legally mention the names of the Barrister’s, Solicitors, Magistrates, etc, and get advice on how to start new proceedings so I can present the new evidence, especially as Her case was based solely on me being Violent and abusive, now that has been proven to be lies, also get advice on trying to stop the sale of the house, and the ex entering the house?
[Reply]
Ian Mack Reply:
January 17th, 2011 at 9:06 pm
Brian, try the familylawwebguide web site SRL Resources Group, depending on where you are in location and mind, they may be willing to help you.
I’m rusty on this side of the Family Law but think you should have filed an appeal in the Family Court against the Federal Magistrates Orders, I assume it was a Fed Mag who made the Orders and not a State Mag.
When the Orders were made is important because you have time limits.
On reflection of what you are facing do you want to contact me on mackian27 hotmail.com? I can ph anywhere in Aust for free and will ph you if you want me to.
Furthermore our DIDSS group has lawyers available who are experienced in dealing with these types of Family Violence and dishonest mothers. From the little you said, yes her controlling behaviour and what she is doing to the children is Family Violence within the meaning of Family Violence Protection Act 2008.
You Urgently need to seek an Order that STAYS the Fed Magi’s Order for a review of the Order made and any new evidence like the quashing of the 3 IO’s. This is all done in the Family Court and hopefully you get Cronin J, he presented as being honourable although appearances can be deceptive.
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http://www.angryharry.com/nobenefitsoffeminism.htm?note
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Hey Guys,
well well, interesting read from you all above, first to comment about not feeding the legal sytem, I am not nor could not afford to pay for representation, legal aid have assisted somewhat by paying for a couple of representations but I got more from the case alone than the lawyer did. To not go to Court, in other words, to prevent the law parasitic elements as described above by merely not going would mean not fighting for what is right that you believe for your kids, hey why don’t we all just give up? Fuck that, my kids are why I turn up, any consequence finacially isn’t my fault, besides, I didn’t even start the legal process, i am just defending my kids right to choose.
Secondly, as Ian says there are good Magistrates and Judges (bad apples in every basket) and I am lucky to have experienced both. The ones that went against me were not neccessarily the bad ones, just incase you thought I was biased, they were misinformed or there were other reasons
Thirdly, as anyone will testify I have always advocated the truth on this site as the way to go, so I support Ian there also, and from experience, the more willing and brave you are to tell the truth, the more you get persecuted for it, people are too willing to back down to the system and I believe, if the system is failing, we in the democracy we live in, need to encourage awareness about that issue.
I in now way have ever proffessed to know the law like many here, I do not, however I practise principles, I tell the truth, I keep my Girls in focus, and do not sway from that until I experience the realisation their suffering is the least it can be considering what they are going through.
What Ian is doing is courageous, I’m not sure Ian where you are at with Your Children and where they live or how much time you get but i encourage everyone to do that first and foremost before getting lost in politics and the like, once you have your Childs life in as best order as is humanly possible considering your circumstances, then explore the sytem, save your energy for your Child/ren first and foremost, they need you.
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Ian Mack Reply:
January 14th, 2011 at 5:14 pm
Thanks Craig, our son has lived with me since May 2010 after Court Ordered NO Contact of any form since August 2003. Our daughter still has NO Contact. We all live in Victoria within about half an hour of each other.
Any time I have gone near the Court or other Commonwealth Officials with material in support of wrongdoings I have been told word to the effect of “I don’t want to know.â€Â
You may or may not get this post because a moderator on this site does not like the truth so is labelling my posts with “Your comment is awaiting moderation†hence post about a week old have still not been posted.
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Craig Reply:
January 15th, 2011 at 1:39 pm
depending on their age, there is little the sytem will do if they choose to live with you despite orders, you obviously know that, I broke orders because I didn’t want to take my distressed daughters back to their Mother, although I was harrassed by some do gooder folk that have alterior motives, the court actually gave me more time, the Magistrate could see they will vote with their feet anyway, and it’s a bizzare experience, facing judges getting arrested fighting allegations, watching kids being traumatised whilst being taken by police even though the recovery order should never legally been enforced, the stalking, knowing people are watching your every movement and are infiltrating my blogs even though they are blocked, then they use it as evidence to influence the courts decision, proving my allegations they are stalking me, its all very surreal, but, the Children, STAY Focussed Craig !
[Reply]
Craig Reply:
January 15th, 2011 at 10:07 pm
I got it Ian. it’s all good, and I don’t knwo if this helps at all, probably wont, but the courts beleived my ex for ages, I didn’t get to see two of my Girls for three months, I perservered, now it’s Federal Magistrate Level and I have 50% care of them, and considering the mood of the Magistrate it wouldn’t suprise me if I get fulltime care next hearing. I have faced the judgements, the character assissinations, not just in court (20) cases but anyone ive had contact with since before Highschool have been infiltrated and quite probably coerced to believe I am not worthy of any support or freindship, all Family members have had to endure this persecution of me, some doubt and some are waiting until it resolves before they are clear on how they approach me. I have been alienated from my life by my ex, i also chose to not contact most people so they wouldnt be caught up in it, so that allowed a window for my ex to influence everyones opinions against me, the AVO the two times i was arrested, the 2 times my daughters were taken by police probably reinforced everyones opinion she was telling some truth.
I had the conviction quashed as I said , the 2 year aVO was backdated so it does not exist, the higher courts are giving me more time with my Girls than my ex and probably will give me full custody, the Magistrate warned my ex she was about to do it last hearing.
My ex told my Girls recently that she wanted me and my Fiance dead, that we have caused her hell. This week, she has changed her tune, she tells my Girls to have fun with my Fiance and me, and that “me and Dad are working on making things better for you Girls”
I am not working with her on any level whatsoever, she is desperate
[Reply]
zac Reply:
January 18th, 2011 at 11:49 am
Craig, You have to keep the communication open (for the sake of the kids) but NON INFLAMATORY and very ‘matter of fact’ letters, emails and texts only.
I too did not involve some friends in the Family Law matters, except for two ‘lifesaving’ mates and their spouses. My former best man is one that doesn’t seek me out but now has a luvy duvy time with my ex. When I did tell him (now with a PhD- on racism) of the false child molestation claims against me, he said naively, “Can’t everyone just sit down and talk this over.” ..
I thought that it was a bit late for that..and for him to be a true friend….I needed him to say (as one of my football mates declared whilst giving me a bear hug), “Zac, We don’t believe that sh– for a minute.” The children’s G.P. (male) backed that up some months later with the exact same sentiments.It’s the best thing that you can say to a falsely accused father.
And might I say, how f—-ing brilliant that your AVO was quashed Craig….A lesson for all to stay decent and to fight like hell when you’re falsely accused… It’s everyone’s rite to seek justice, But it’s also a pity that the courts aren’t cracking down on people who are abusing the court system in a calculating and CRIMINAL way through their false affidavits, statements and sworn testimony.
Craig Reply:
January 20th, 2011 at 11:19 pm
Zac…………… keep the communication open ? the courts said I could not contact her…………. on her evidence they said I couldn’t………… she still tried contacting me, even asked for a private meeting……….. you are joking arent you eheheheheheeee
Craig Reply:
January 20th, 2011 at 11:42 pm
Zac, now that ive read all your message, yes I’m very slowly getting the idea, that some people might actually start admitting that evidence against me is from alterior motives, and that will feel somewhat like how you felt when you got support. Thanks for your appreciation of the AVO issue, you know that speaks for itself, as would Ian. As for Courts acting against vexatious behaviour, and false allegations and such, I’m just biding my time, (if that’s the phrase), I’m sure if it is handled with cautioun, evidence presented chronologically, will stack up………….
joe Reply:
January 22nd, 2011 at 12:39 pm
Craig you don’t have to meet your ex to communicate with her..how brilliant is sms for family law combatants..IF the messages are matter of fact and NON abusive.
We, being men, usually always have some, even small, level of compassion for our ex’s even if they have done criminally insane acts, as mine did.
Ken Thompson is another case in point. He is one man who should let his ESTRANGED wife go.
Craig Reply:
January 23rd, 2011 at 12:10 am
Remove Post
Craig Havenaar
our 3 year old just heard a siren, said mummy i dont want the police i dont want them they are scary, because a certain person had the police coming around upto twice a day using them to harrass us, now that gorgeous 3 year old is scarred
Yesterday at 17:51 · LikeUnlike · Comment
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Craig Havenaar some people act before they think, some just dont care
20 minutes ago · LikeUnlike
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Craig Havenaar the result of the police coming around you might ask, nothing other than scarring that 3 year old ad other kids
5 minutes ago · LikeUnlike
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Craig Havenaar should be a law against that, oh hang on, i do believe there is, might just take police advice and look into it
4 minutes ago · LikeUnlike
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Craig Havenaar and to the stalkers on here watching me, i dare you to show this to the Federal court like you have done before, and see how it helps you
A few seconds ago · Like
Craig Reply:
January 23rd, 2011 at 12:13 am
Joe, if you think I canot let my ex go, you are right, she just wont let it go, i have tried everything, but you have it wrong way around bud, thanks anyway
Ian Mack Reply:
January 14th, 2011 at 5:17 pm
I looks like comments in reference to certain the truth of Commonwealth Official’s wrong doings is what is being blocked.
[Reply]
zac Reply:
January 14th, 2011 at 7:02 pm
Craig, My younger d tells me that her mum is planning to move 150km next year so my older daughter can do year 11/ 12 in the city. Another alienating move which contravenes the orders and disrupts my younger d’s happy year 6 plans.
It’s hard to be a rock when the ex chips away at stability and normality and refuses to mediate because that goes against her fear campaign.
[Reply]
Craig Reply:
January 15th, 2011 at 1:26 pm
That’s got to hurt Zac, stay true to them, offer them choices, they are allowed to know you too can be the primary Carer, hang in there bud……..
[Reply]
zac Reply:
January 15th, 2011 at 2:34 pm
I’m staying put don’t worry. My ex smashed our older daughter’s chances of being a dux candidate at primary school, she won’t be doing that to our youngest.
[Reply]
Craig Reply:
January 15th, 2011 at 9:41 pm
Craig Reply:
January 23rd, 2011 at 12:20 am
recently had a Federal Court ordered dispute resolution meeting with my ex, she called ahead to say she was in fear of me, seems no mediation suits her, after the seperated uneventful meeting she was let go early to protect her from me, she waited at the foot of the stairs to talk to me.
Same woma that i had to fight an avo on, same woman that uses character assination to discredit me from my life of family and friends, my gorls choose to live with me
[Reply]
Craig Reply:
January 23rd, 2011 at 12:21 am
fuck anyone that doubts me
Thank you Greg, I too am indebted to your timely post, I have e-mailed and been given a response of acceptance, and faxed my submission to who you provided as the appropriate authority for my submission.
Do you think any of us saying anything will make a scrap of difference when you consider the AG makes wilful misrepresentations to Parliament regarding issues sought in Petitions?
Furthermore, how many judiciary have been complying with or acting against those laws created by the 2006 changes?
They have no obligation, it appears, in their minds to up-hold the Law, only the Common Law created by them.
Three “GetUp! Action for Australia†campaign ideas posted that Urgently need your support:
Time for fair and accountable Family Court system
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system
Urgently: public accessible “Parliamentary (Judicial Misbehaviour and Incapacity) Committee Billâ€Â
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1369649-urgently-public-accessible-parliamentary-judici?ref=title
campaign finance reform: ban corporate and union donations to political parties.
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1131517-campaign-finance-reform-ban-corporate-and-union-d?ref=comments
Votes and comments produce public awareness so please let your fingers do the talking and become active advocates for justice and Family good law reform.
[Reply]
I appear to be blocked by my posts being sent to a moderaters list that will not get reviewed
[Reply]
Jaqueline Reply:
January 16th, 2011 at 6:40 pm
The “Truth” and the “Wellfare of the Children” are not important to the Mothers who are spitting “False Allegations”, the Police who lie & threaten, the Department of Human Services who threaten the Mothers that they will take away their children if they don’t get rid of the Husband, the Lawyers how only want the money not the truth, the Magistrates, Judges who are just Bullies and power mad and STUPID, Politicians “who the FUCK needs them or wants them?
I could live with out all you Bastards (above) in my world.
It is all how well they lie, cheat, steal, threaten, abuse, humiliate, slander, and murder their former partners and allienate their Children from that union (they did once love each other, maybe), etc….etc… etc…
The worst is the Self Absorb so called MOTHERS, you are all sick in the head and NO you do not care about your childrens wellfare.
Fathers I support you.
[Reply]
Ian Mack Reply:
January 16th, 2011 at 8:12 pm
Juqueline you can make a difference, add your comments to the GetUPTime for fair and accountable Family Court system campaign @
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system?tracking_code=29554bc1b1346cd2081c735fb9e5d66e
Furthermore, you can write a petition and have the Petitions Committee present it to Parliament at about 10am on a Monday that is a Parliamentary sitting day:
Petitions Committee is @ http://www.aph.gov.au/house/committee/petitions/index.htm
[Reply]
Ian Mack Reply:
January 16th, 2011 at 8:15 pm
Juqueline you can make a difference, add your comments to the GetUP “Time for fair and accountable Family Court system” campaign @
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system?tracking_code=29554bc1b1346cd2081c735fb9e5d66e
reposted because the first time had a word blocked
[Reply]
Jaqueline Reply:
January 17th, 2011 at 7:04 pm
Hi Ian,
I have added my comments to GetUP “Time for fair and accountable Family ourt System”
I am seeing this shit right now and I am so angry with this whole system.
Totally unfair and unreasonable.
Ian Mack Reply:
January 16th, 2011 at 8:16 pm
The rest of the post is:
Furthermore, you can write a pet-tion and have the Pet-tions Committee present it to Parl–ment at about 10am on a Monday that is a Parl–mentary sitting day:
Pet-tions Committee is @ http://www.aph.gov.au/house/committee/petitions/index.htm
[Reply]
Ian Mack Reply:
January 17th, 2011 at 8:35 pm
We all thank you Jaqueline, please pass it on to all your friends because the more the merrier.
Read Brian’s post above and understand he is not alone, although lucky with his 5 night per fortnight 5-9=14, as I understand it, most Dads are only getting about 2 or 3 nights per fortnight.
[Reply]
Thank you Greg, I too am indebted to your timely post, I have e-mailed and been given a response of acceptance, and faxed my submission to who you provided as the appropriate authority for my submission.
Do you think any of us saying anything will make a scrap of difference when you consider the AG makes wilful misrepresentations to Parliament regarding issues sought in Petitions?
Furthermore, how many judiciary have been complying with or acting against those laws created by the 2006 changes?
They have no obligation, it appears, in their minds to up-hold the Law, only the Common Law created by them.
Three “GetUp! Action for Australia” campaign ideas posted that Urgently need your support:
Time for fair and accountable Family Court system
http://suggest.getup.org.au/forums/60819-campaign- ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system
Urgently: public accessible “Parliamentary (Judicial Misbehaviour and Incapacity) Committee Billâ€Â
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1369649-urgently-public-accessible-parliamentary-judici?ref=title
campaign finance reform: ban corporate and union donations to political parties.
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1131517-campaign-finance-reform-ban-corporate-and-union-d?ref=comments
Votes and comments produce public awareness so please let your fingers do the talking and become active advocates for justice and Family good law reform.
[Reply]
Ian Mack Reply:
January 13th, 2011 at 7:31 pm
That link should be:
Time for fair and accountable Family Court system:
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system
[Reply]
Thank you for the link and info on the submission to the attorney general!
-I faxed off my submission to both the Atty Gen and my federal minister.
People may also be interested in this link at the Greens website which allows people to write letters which are automatically forwarded to all – or selected newspapers nationally.
If enough people put in the effort to submit letters regarding the issues of concern then eventually more letters will be published and the issues will be become more public and on the minds and agendas of people and politicians.
http://adam-bandt.greensmps.org.au/write-a-letter-editor
Make your voice heard!
Do you have something to say? Feel like your Government is not listening to your concerns? Then use our letter writing facility to get your point across. Send a letter to all the major media outlets in Australia by filling in the fields below.
[Reply]
My Thanks too Greg- though last minute, I just emailed mine then too.
[Reply]
I came across this opportunity to make a submission to AG regarding his proposed changes to the Act.
My apology for the lateness, required today, I only just became aware: -
Dear colleagues,
Changes to the Family Law Act in 2006 finally acknowledged (to a limited extent) that children have the right to a relationship with both their father and their mother after separation and divorce. Unfortunately the current government is attempting to remove much of the progress that was made in 2006, and re-institute a Family Law approach based on the sanctity of the mother as primary carer. If these changes are approved, it will be many years before any changes will be considered again. For that reason, we are hoping that many of you who are concerned with an equitable Family Law system will write an urgent submission – however short – to the Attorney General’s department by this Friday 14th January.
We have prepared a Word Document that can be used as the basis for your own submission, should you be short on time. The document includes some of the important principles that are agreed upon by nearly all fathers groups as being the worst features of the proposed legislative changes. We encourage you to pen your own thoughts, but we know that many people do not have the time or expertise to examine draft legislation in detail, so we have listed some major points in case you should wish to use them.
If you decide to use this document, please fill out the yellow sections with your own information, then send it to the address at the top of the letter by this Friday 14th January. Please also CC a copy by snail mail to your own local Federal MP.
Please note once again that the closing date for submissions is this Friday, January 14th.
You can download the pro-forma submission form from the following web addresses:
http://menshealthaustralia.net/files/Proforma_Family_Law_Submission.doc
(Microsoft Word Document) or
(Adobe Acrobat PDF Document)
Please take the time to lodge a submission. We have no doubt that the proposed changes will lead to increased rates of suicide, depression and self-medication in separated fathers, and the potential damage to the lives of children denied access to their fathers is unthinkable.
Warm regards,
Greg Andreson
[Reply]
Graham Reply:
January 13th, 2011 at 4:18 pm
Thanks Greg, my submission has been lodged.
[Reply]
Ian Mack Reply:
January 13th, 2011 at 7:36 pm
Thank you Greg, I too am indebted to your timely post, I have e-mailed and been given a response of acceptance, and faxed my submission to who you provided as the appropriate authority for my submission.
Do you think any of us saying anything will make a scrap of difference when you consider the AG makes wilful misrepresentations to Parliament regarding issues sought in Petitions?
Furthermore, how many judiciary have been complying with or acting against those laws created by the 2006 changes?
They have no obligation, it appears, in their minds to up-hold the Law, only the Common Law created by them.
Three “GetUp! Action for Australia” campaign ideas posted that Urgently need your support:
Time for fair and accountable Family Court system
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system
Urgently: public accessible “Parliamentary (Judicial Misbehaviour and Incapacity) Committee Billâ€Â
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1369649-urgently-public-accessible-parliamentary-judici?ref=title
campaign finance reform: ban corporate and union donations to political parties.
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1131517-campaign-finance-reform-ban-corporate-and-union-d?ref=comments
Votes and comments produce public awareness so please let your fingers do the talking and become active advocates for justice and Family, good law reform.
[Reply]
Ian Mack Reply:
January 15th, 2011 at 11:06 am
Thank you Greg, I too am indebted to your timely post, I have e-mailed and been given a response of acceptance, and faxed my submission to who you provided as the appropriate authority for my submission.
Do you think any of us saying anything will make a scrap of difference when you consider the AG makes wilful misrepresentations to Parliament regarding issues sought in Petitions?
Furthermore, how many judiciary have been complying with or acting against those laws created by the 2006 changes?
They have no obligation, it appears, in their minds to up-hold the Law, only the Common Law created by them.
Three “GetUp! Action for Australia†campaign ideas posted that Urgently need your support: 1 is mine and 2 I feel very strongly about.
I will try and post their links seperately to see what words are being block.
[Reply]
Ian Mack Reply:
January 15th, 2011 at 11:07 am
Three “GetUp! Action for Australia†campaign ideas posted that Urgently need your support: 1 is mine and 2 I feel very strongly about.
1. Time for fair and accountable Family Court system
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1353823-time-for-fair-and-accountable-family-court-system
[Reply]
Ian Mack Reply:
January 15th, 2011 at 11:08 am
Three “GetUp! Action for Australia†campaign ideas posted that Urgently need your support: 1 is mine and 2 I feel very strongly about.
2. Urgently: public accessible “Parliamentary (Judicial Misbehaviour and Incapacity) Committee Billâ€Â
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1369649-urgently-public-accessible-parliamentary-judici?ref=title
[Reply]
Ian Mack Reply:
January 15th, 2011 at 11:12 am
Three “GetUp! Action for Australia†campaign ideas posted that Urgently need your support: 1 is mine and 2 I feel very strongly about.
This 1 is more about the distribution of funds for elections to put an added thought to your thinking.
3. campaign finance reform: ban corporate and union donations to political parties.
http://suggest.getup.org.au/forums/60819-campaign-ideas/suggestions/1131517-campaign-finance-reform-ban-corporate-and-union-d?ref=comments
You could find something on this site that you feel strongly about.
[Reply]
Howard Beale Reply:
March 24th, 2011 at 1:19 pm
Today, I [Robert McClelland, the Attorney-General] introduced the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 into Parliament
These changes come with broad community support. The Australian community, from families who have come into contact with the family law system, to hard-working professionals who work in the system, have spoken overwhelmingly in support of this Bill. (Sounds like McIntosh & Chisholm to me)
…Over 400 submissions were received during the public consultation on the exposure draft of the Bill, conducted between November 2010 and January 2011.
An overwhelming 73 per cent of all submissions supported the Bill, with a further 10 per cent offering information about their very difficult personal experiences
The level of interest and support from the community around these changes indicate two things … that the overwhelming majority of the community supports the Bill.
What a load of flowering codswallop. Let us see these submissions. The AIFS study directly contradicted the recommendations of former family court judge Chisholm.
This AG is either an idiot or not yet divorced.
[Reply]
Thanks Peter, that’s ok,
My knowledge of case law is minimal but I often know how to find what I am looking for, having read a large number of cases relating to my issues. My recall relies on having that case or law in my hands hence I don’t have the instant recall or Contempt for the law required to be a lawyer .
Regarding “get a bit of dirt on your hands,†each time I have attempted to seek support for public awareness of the Misbehaviours in the Family Court by lawyers, mother’s and JUDGES I have been obstructed by judicial interference or told “s.121 of the Family Law Act†prevented any public awareness of the issues or “I don’t believe a judge would do thatâ€Â.
Is publishing a petition that everyone can copy, print, sign and post to Parliament a form of causing national awareness?
Follow the link
http://www.f4e.com.au/blog/2010/11/27/how-false-allegations-destroy-lives/comment-page-1/#comment-319
Read the petitions and AG’s responses presented to Parliament dated 23 Nov 2009 to 22 Nov 2010 within the title of “Legal System†and see if you agree the AG’s responses (also read out in Parliament) are a misrepresentation of the requests of the petitions, published on the following link: http://www.aph.gov.au/house/committee/petitions/attorney-general.htm
If you copy any of the petitions presented and paste it into a word doc, then paste the following:
• PRINCIPAL PETITIONER
Name: ___________________ Signature: ____________________________________
Signature Address: _____________________________________________________. Postcode: _______
Email (if available): ________________ Telephone: (0_) ____________ or _____________.
• Additional Name Signature Contact Ph not compulsory
_______________________ ____________________ _______________________
_______________________ ____________________ _______________________
Please attach to this principal petition, any copy or part copy containing additional signatures.
Signed Petitions should be submitted by post to:
Standing Committee on Petitions,
PO Box 6021, House of Representatives, Parliament House, CANBERRA. ACT. 2600.
The petition format and requirements can be seen at: http://www.aph.gov.au/house/work/petitions.htm#checklist
Note: the body of the petition (from the words “To the Honourable “ to the last word of your request cannot be more than 250.
Remember, it is not the law at fault that is causing the harm to Fathers and children; it is those who have the duty of the proper determination and administration of the law who are causing this harm.
[Reply]
Hi Ian, The same thing happen to me in 2003 when my son was 13 and my daughter 10. All her lies cost me $20,000.00 in the courts and took 14 months to get a successful outcome. She only did it to alienate me from my childern. It’s about time the women got the raw end of the deal! Labour have really set equal rights back 10 years.
[Reply]
Peter Peterson Reply:
January 10th, 2011 at 4:05 am
Hi Ian, with all respect to you! You would have been better off, putting that $20,000,00 in a long term deposit for the kids higher education further down the track, then feed the social parisites in the devorce industry! If a parisite can’t parisite, it shrivels up and dies! If none of us went to court it would close down! By spending that sort of money all you are doing is giving these assholes legitimacy. When shit hits the fan, just get out and move away. Then there can’t be any aligations made against you! And it will take the wind right out of her sails and leave her with no other course but to reavaluate her attitude! Dropes them like a bag of shit! everytime. Like throwing water on a fire! it just puts it out!
On a lighter note! Little Johny gose up to his dad and asks! Hay Dad you can’t get a girl pregnent from having anal sex, can you?
Yes Son! were do you think Lawyers come from! (lol)
.
[Reply]
Ian Mack Reply:
January 10th, 2011 at 6:29 am
Hi Peter, firstly read what you are reading and who has written what you have read then learn to listen to what is being said rather than what you want to think that relates to you and your misguided thoughts.
I have spent less than $600 on lawyers because they said to me no more than what I had taught myself about the law by reading case law, the Act and Rules. High Court and Full Family Court Appeal determinations can give you some insight into the Contempt the Dishonourable judges of these Courts have for the Law and the People they sit in judgement over.
I was advised Hayne J is a black letter judge, this is a load of bull, he has such Contempt for the law he should never have been a judge.
which meant to me he applied the law as it is read and then applied an interpretation to what he read the law to mean. The truth I saw was Hayne J’s interpretation of the law was how could he abuse his power to cause a wrong to a Father who has the balls to represent himself and his children against lawyer’s wrongful guidance to woman.
I have always represented other than once or twice with Legal Aid solicitors who were so incompetent they refused to put to the Court what was required. That is they refused to identify the mother’s solicitors wrongful claims amounting a subsidiary to perjury that is called a misrepresentation to the Court.
Peter it was Ron who spent $20,000 and he got a win because he paid the judges fine of seeking justice, I did not pay the judges fine for seeking justice hence I am not allowed to obtain justice.
Woman have no such fine due to Legal Aid more often than not pay it for the woman hence the Commonwealth AG, the dishonourable McClelland and the dishonourable Bryant CJ require s117AB of the Family Law Act removed to diminish any other costs the judges may be caused to fine a woman for their lies and false aligations.
[Reply]
Peter Peterson Reply:
January 10th, 2011 at 1:50 pm
Sorry Ian! a mix up on names! Misguided! you say! No! Expereance and common sence my good man! Learned the hard way (3 marrages) lol! In the 35 years since family law came in, the devorce rate has gone from single figures to over 50%. Since my last divorce 16 years a go, I’ve watch the system and read thousands of sad storys like the ones here! Nothing will change unless we all revolt against this scurge that is family law and all the social parisites that pray of the misery of the brake down of the family unit and make a fortune out of it! End of story!! Would you Ian be interested in organising a national awareness campain along with a national rally? You know ! get a bit of dirt on your hands, or with all your knowledge on case law, will you become a family law layer yourself? Again! sorry for the mix up of names Ian. I live in Western Australia! Ring me! 08 93437201. And I ivite all fathers, grandfathers to partisapate! Actions speak louder the words!
[Reply]
This is “Family Law†suffering from “foot in mouthâ€Â! All that this arrogant judge has done! Is condoned child abuse! It can’t even administer its own law properly! That’s how full of hypocrisy it has become! More of a “sad circus†of pathetic clowns! Then a Court! In my opinion! Brake down the family unit! Alienate individual with in their own community! Thus making them more reliable on government! Low life commoss! Strait out of the red book! Typical Labor Party deception! So much for “the best interest of the child†Makes me angry! What a shit hole it is!
[Reply]
Ian Mack Reply:
January 8th, 2011 at 12:57 pm
Peter I agree with you in principal but there are still some excellent judiciary sitting at the bench or the few “Judicial Terrorists†would have destroyed our society by now, yes that is what they are doing little by little if you look at the stats since the Family Court was created. The increasing divorce rates, increasing male suicides, increasing number of children living on our streets, and accelerating mental disorders in our young female population (that’s not to forget or male population) supports the “Judicial Terrorists†are winning.
Yes we only hear via the Newspaper of 1 or 2 (of arguably the 100’s) of these Judicial Misbehaviours each year so the judiciary can claim the people know this happens and are doing nothing about them.
What are you doing?
Did you copy and paste, sign and post to the Parliament Petitions Committee that petition that was post on this site a few weeks ago?
Follow the link
http://www.f4e.com.au/blog/2010/11/27/how-false-allegations-destroy-lives/comment-page-1/#comment-319
If not Why not?
If you did thankyou
[Reply]
Ian, I get why you’re upset, but I don’t think people were accusing your cause of being worthy. I think you’ll find is that they meant that the system is so stacked against you that until that changes, you’re just going to encounter nothing but heart-ache from a corrupt system that cares nothing about the well-being of you or Zac, but only about maintaining the status quo of the system.
Until the system is forced to change, such a noble effort is pointless because of how corrupt and malevolent to men and children the system is and how unjust it will most likely be in your case.
Furthermore because of section 121 of the Family Law Act (at least I think that’s the section- it was mentioned earlier, but most of the comments, including the one stating the relevant section seem to have vanished) it’s a criminal offence to publicly name and shame family law court judges, meaning that you couldn’t even make yourself a martyr to the cause in all likelihood if you pursued it- just a silent casualty amongst a body count of them which numbers into the tens if not hundreds of thousands.
At the very least we need to get this section of the Act repealed if you are ever to be able to hope for justice (which I truly hope you are able to obtain) in order to name and shame those judges who legally sanction child abuse. Otherwise we can never hope for a truly just system of Family Law.
[Reply]
Ian Mack Reply:
January 7th, 2011 at 7:30 am
The familylawwebguild .com .au is as contemptuous as the AG for the proper admin of justice which it sounds like Zac is a member of, if he is not a judge of the Family Court or Counsel for the Family Court system.
Andrew, Happy New Year and keep away from the bottle as it costs you more than you will remember!
Hope you had a Happy New Year and a Merry Christmas because I did.
Being a Martyr is not my purpose of publishing dishonourable judges names; s.121 does not prevent such publications.
Only dishonourable judges, dishonourable lawyers and the AG Cth cause such obstructions to people speaking out against Governmental Misbehaviour that:
Subdivision D–Common provisions–80.3 Is Defence for: acts done in good faith: (1) (b) (iv);
give lawful right for me to speak out against are the Judicial Misbehaviours I speak out against.
Give me lawful right to cause judicial accountability prevent by the GUY AG of the Commonwealth, and all Judges from sending me to jail because they know a jury would find me innocent and they guilty.
It is not about being a Martyr; hence, you will not normally find you can Identify me in any way.
It is about seeking the Courts of Australia become the Honourable administration of the Queens power and the good welfare of children that are my primary issues advocated.
[Reply]
Andrew Reply:
January 7th, 2011 at 1:45 pm
Ian, I agree with what you’re saying in theory, however in practice you will find that judges will band together and so the name and shame without some kind of contingency plan in place, will most likely only see FC Judges simple close ranks and ignore Subdivision D-Common provisions- 80.3. Furthermore, with the AG being culpable as all hell, the govt is unlikely to want to get involved- unless I’m wrong in thinking that the judge in question would be able to have the matter tried in the Family Court directly under them or one of their buddies. Hence the pointlessness of an individual or small group doing it without some planning and preparation before direct action.
I wasn’t accusing you of trying to be a martyr; I was saying that, martyrdom is all you can hope for just being a lone man undertaking direct action.
I’m not saying that we give up; but that we need just as big a gun as the corrupt Family Court and govt. 1 person is easy enough to silence with corrupt rulings, as are a few people.
However when you get to the point of thousands, possibly tens if not hundreds of thousands of people; the FC can’t silence that without being exposed as tyrannical and causing a public outrage for for acting like big brother, as at that point, most people in the country would either know someone being oppressed by the law, or know someone who knew someone who did.
What I am proposing is a buildup of groundswell support, followed by a viral campaign of name and shame- one so big that it’s impossible to stop without them overplaying their hand and destroying themselves in the process.
The cause is certainly noble, however the nobility of the cause doesn’t make a corrupt juggernaut any less powerful, and so it’s as much a case of planning how to fell the beast as it is rushing in with a sword and shield- figuratively speaking.
[Reply]
Ian Mack Reply:
January 7th, 2011 at 4:25 pm
Hi Andrew,
The problem is it is not only dishonourable judges, dishonourable lawyers and the AG Cth who cause obstructions to people speaking out against Government Official’s Misbehaviour. Do-gooders like the admin on this site who delete posts, send malicious emails, and block publication of Government Official’s Misbehaviour who are doing the most harm to all people.
Prevention of public knowledge of the Government Official’s Misbehaviour, causes them to believe they are above the law and the public don’t care.
The public do care but their lack of knowledge causes them to be ignorant of the truth until it bits them in the pocket. Just ask any Father what he thought about the Courts and Government Official’s before he was involved with the FamCA.
He will probable tell you judges sometimes get it wrong but would never cause or commit a wrong for the wrong to occur, we know they do cause and commit wrongs wilfully by what they have do to us and those we know who have been through the Family Court system, do we not?
It is the ignorant do-gooders like the admin on this site who are encouraging the Government Official’s Misbehaviour.
It is my son is who you are trying to block from your web site who has advanced IT ability who he claims TAG is the last time he has had as much fun as this time in defeating your attempts to block him viewing the 100 plus comments I can only see about 93 of.
Keep trying because he is having run and it is more fun at 2:15am than I could ever provide Zac.
[Reply]
Michael, sad to say that most police have as much contempt for the law they have sworn Oath or Affirmation to uphold as the Ag of the Commonwealth.
[Reply]
Why am I being blocked from the: “Mother wins custody battle after terrifying children about fatherâ€Â, site?
I have said the truth, as much of the truth the Law allows, and nothing but the truth required for a proper understanding of the issues presented and open!
Is the truth and the proper application of the law of freedom of speech as obstructed on this site as they are in a Court of Law of Australia or is this site about causing justice to prevail in Australia!!
Which is not able to prevail due to judicial obstructions and abuse of power in breach of Commonwealth Law prior quoted?
[Reply]
P.S.
Our son is asleep on the couch in front of me after helping a mate of ours sand his 42 foot sail boat and me make an item for my 24 foot boat.
Our son (which s.121 of the Act prevents me from naming) has caught the sailing bug I am pleased to say has is boat licence and car learners.
He has just woken up so I read to him what you have said to me:
“Ian, I can see that the courts will be blocking you and labelling you a Vexatious Litigant. Wouldn’t your energy be better spent showing your kids that YOUR spare time is theirs and, as I said before, subtly showing them how to vote with their feet?â€Â
He just shook his head and just said to me; it meant: “what are you wasting your time on this site for then if you think seeking judges be accountable for their criminal Misbehaviour and Perversions of Justice is a waste of time.â€Â
“Such a statement by you is called being hypocriticalâ€Â
This supports my thoughts you are part of the Family Law Dishonourable system in some way and not worth any more of my time away from him or work, remember I cannot contact our daughter and our son has stated that each time he has phoned his mother or sister they have claimed “Now is not the time to talk with youâ€Â, or words akin, and slammed the ph down in his ear, ouch.
My Ex is such a nice person on her OFF DAYS milk in her presence would instantly turn sour.
[Reply]
zac Reply:
January 7th, 2011 at 8:24 pm
Does the ex work for Yalna Ian?
I don’t work in Family Law- where I believe they should all wear ‘Boiler suits’ instead of Italian suits because it’s such a filthy, disgusting arm of the legal profession. I think they should make the barristers and beaks wear mullet or afro wigs as well.
Ian I’ve got another Family court battle coming up though, where my beautiful (on the outside only) ex-wife is intending to take our 14 yo daughter O/S without my blessing and passport renewal signature and leaving our shattered younger daughter behind.
There must be a label for this- The abuser leading the abused away with promises of gifts….It will be interesting to hear what his/her honour has to say about that.
[Reply]
Craig Reply:
January 14th, 2011 at 4:54 pm
Ian. my eldest has a voice, I recently had comments to me that I used to be so keen about her singing and why am I not now ? They weren’t to know she had a proffessional recording due in days and has been told she may well get rewards from that, and also an FM station is being contacted because they think she should go live to Sydney and sing………..
Those people implying I let my Girls down, and am not doing what is right by them, are the same ones that have taken away two of my girls by police twice (now realised by Family Law court as very wrong) have had me arrested twice, Ive had over 20 court cases, I have lost over a months pay, I have many more solicitor and court days to attend and court ordered meetings, all because those people started this process. All the while they stalk me, intimidate me and those around me, influence peoples opinions against me and those that support me, and there’s much more they do I am yet to prove without doubt, that affects all of us.
I fought off the first AVO, I am now fighting the second, which coincidently was raised the afternoon after the court quashed my conviction and reduced the time of the first AVO so it no longer stands.
They say I am wrong and they are right, they dob me into governemt agencies so I’ll get caught for fraud, at the same time they are being overpaid, and I’m not getting what is rightfully mine, they say they tell the truth and dont be spitefull but want to contact my employer so they can do their thing, they say they are christian and lie in court, those people, those hypocrites will have their day, it will come back on them Ian, let it happen, have faith, look after your son, hold your daughter dear no matter what damage has been done, and stay honest
[Reply]
As so the new “Stolen Generation” cycle begins…….
[Reply]
Ian Mack Reply:
January 7th, 2011 at 2:46 am
Yes, and the Government only apologise unless a Legal Firm with B*lls files a class application within the meaning of s.56 of the Judiciary Act 1903(Cth) for the Commonwealth Judicial committed WRONGS against our children and Fathers.
[Reply]