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Old 01-09-2017, 01:51 PM
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LovingFather32 LovingFather32 is offline
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Good post Peaceful. I would tend to agree with everything you said.

Australia seems to be a bit ahead of us, as is QC in presuming 50/50 after well as dealing with abuse/violence allegations.

1.1 The new family law system and the Family Law Violence Strategy

In Australia, the considerable interest in family violence and child protection within the context of family law derives in part from sweeping changes to the family law system introduced by the Australian Government on 1 July 2006. These changes include: (a) changes to services in the form of new and expanded programs to help families strengthen relationships or deal constructively with separation-related disputes (the "centrepiece" of which is a new network of 65 Family Relationship Centres being established during 2006, 2007 and 2008); (b) changes to the law, as embodied in the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) (with shared parental responsibility being supported by less adversarial procedures in all child-related cases that reach the stage of litigation after July 2007); and (c) changes to child support, as set out in the Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (Cth).

The changes have raised a number of important issues in relation to family violence and child abuse. For instance, the legislation has created a rebuttable presumption that parents will equally share parental responsibility for their children after separation. But the presumption does not hold as a default position where family violence and/or child abuse has occurred. Allegations of violence or child abuse and responses to such allegations are pivotal, because where there is joint parental responsibility after separation, the Court now has a responsibility, subject to the particular circumstances that are relevant to the welfare of the children in that case, to consider making orders for the children to spend equal or else substantial or significant periods of time with each parent.
The courts have a tough job indeed, and it will continue to be tough for them as long as some parents continue gate keeping and launching false allegations for leverage.

I still think that if Parent A has been caught red handed in a lie (false allegations) that they should be stripped of custody and have supervised access. They are not fit to parent a child if that's how they have learned to handle situations in life.
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