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Family Law Blog

Family Law Violence Congestion - A clear shortcut

Posted by on 5 Jun 2012

Everyone and their uncle has been putting in their 2 cents worth regarding the changes to family law violence legalisation; the women’s rights groups, the men’s rights groups, the children’s rights advocators, the media and a few others have joined the bandwagon.


So I am not going to go over the whole changes again but I like to think that I am taking a commentators position, if you will, as the band wagon rumbles past.


So first up in the front seat of the bandwagon is the legislators and legal thinkers touting the change that abuse considered in a family law matter is no longer just physical or sexual abuse but also emotional and psychological as well.  Think hurting family pets, fighting in front of children, stalking children and/or the parent they live with (Or read Abuse the broader Definition re the changes in detail).


The Women’s groups’ seats are hot on the heels with a banner boldly stating “at last” and “time to re-focus on children’s best interests”. See, the effect of the new changes could be that the court considers protection of a child from abuse takes priority over the child’s meaningful relationship with the parents.


Pushing closely to the Women’s groups are the children’s rights groups and advocates.


Keeping a distance with looks of dismayed disapproval are the Men’s groups. Their dismay stems from their concern that the new legislation net spreads to cover all sorts of incidents that have in the past been ‘hard to prove’. This means that allegations could be made by a parent (read mother) against another (read father) in an attempt to stop or limit the children’s time with them.


Having reached the end of the band wagon, there is a sign clearly reading “big changes to come”. These changes are about to add the bubbling ingredient to the family law crucible the likes of which haven’t been seen in years.


While these groups are making generalised claims, the fact remains that family law matters are run on a case by case basis. Any family lawyer will tell you no two cases are the same.


So when it comes to your family law matter, the best advice to give is not to take the bandwagon, let it pass and instead catch a cab with your family lawyer.


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