Media Archive - Media Articles
"1";"sol";"Fathers Are Not Optional";"The Australian";"2003-05-07";"Janet Albrechtsen";;"In
the photograph, the father is holding a tiny baby, a few weeks old, maybe less.
The father is looking down at the baby in wonder. His first child. He is oblivious
to the camera. I didn't notice how much love was in that photo until I had a child.
That photo of my father is on my fridge as a daily reminder of his love.
Fatherhood is like that. So often the deep bond between father and child goes unnoticed.
It is underestimated and sadly misunderstood. How else do you explain a society
where fatherlessness is so common?
In Australia upwards of 1 million children live separate from their fathers. More
than one third of children who still see their dads never spend the night with him.
These children and their fathers never experience typical family life together -
being kissed goodnight, waking up together, starting the day over breakfast, being
more than a “visitor” in each other's lives. These are the distressing findings
of Bruce Smyth and Anna Ferro, from the Australian Institute of Family Studies.
Here's a flash. Parenting is in the doing. It's not babysitting. It's the whole
bedevilling, demanding, riveting and privileged experience of raising children.
Given the chance, most fathers are eager to embrace that because, like mothers,
fathers have the same need to be with and near their child.
Imagine if 1 million Australian children lived apart from their mothers, and study
after study showed that these children were generally worse off than those who enjoyed
meaningful relationships with both parents. Voices would be raised, forums convened,
radical solutions pushed.
Just look at the attention devoted to motherhood. Yesterday, high- profile American
feminist and author Naomi Wolf was in Melbourne to give the motherhood cause a kick
along at a forum with Sex Discrimination Commissioner Pru Goward. As the hype around
Wolf shows, motherhood and its woes are fashionable. And we're moving in a forward
direction trying to make it easier for mothers.
Last week on Andrew Denton's Enough Rope, Wolf said that society's reluctance to
pay mothers to care for children revealed a contempt for motherhood. The child's
unconditional love is not payback enough; mothers deserve more, said Wolf. At least,
Wolf says men should also be paid. “It's Stalinist to designate one gender to be
responsible for child-rearing,” she says.
Yet that is where we're at. Fatherhood is still grappling to find a voice, let alone
a foothold, in the national conscience. Too often fathers are optional extras in
children's lives. That's contempt.
A small upward blip in the percentage of fathers granted residence - formerly called
custody - orders by the Family Court in the year 2000- 2001 was recently hailed
by one academic as a “massive cultural shift in favour of fathers”.
Yes, residence orders now favour fathers in almost 20 per cent of cases - up from
15.3 per cent in 1994-95. But in an extensive study of contested parenting cases
from 1988 to May 2000, Lawrie Moloney, senior lecturer at Melbourne's La Trobe University,
found that fathers tend to succeed only where the mother is judged inadequate -
they win by “default” - not because of their own capacity as parents. Hardly a
cultural shift.
And thousands of children still go to bed each night unable to say goodnight to
their dad. The only cultural shift they know is fatherlessness, which David Popenoe,
Professor of Sociology at Rutgers University, describes as “the most basic, unexpected,
and extraordinary social trend of our time”. Says Popenoe in his book Life Without
Father: “Father absence is a major force lying behind many of the attention-grabbing
issues that dominate the news: crime and delinquency; premature sexuality and out-of-wedlock
teen births; deteriorating educational achievement; depression, substance abuse,
and alienation among teenagers; and the growing number of women and children in
poverty.”
There is something profoundly wrong when, in full knowledge of these costs, society
does little to protect the love and intimacy between father and child.
Unfortunately, the Family Court remains captive to the more illogical parts of feminist
thinking that stakes out a paradoxical, myth-like power over children-rearing upon
divorce. Shared responsibility may be the theme song during the marriage, but when
it collapses the holiness of motherhood is resurrected to deny father and child
the right to a meaningful relationship.
A detailed study last year by Robert Bauserman in the American Journal of Family
Psychology found children in joint custody enjoy higher self-esteem, better family
relationships and higher school performance than those in sole custody (usually
maternal).
The Family Court has ignored that message. Of the 13,194 orders made by the Family
Court in 2000-01, there were only 329 shared parenting orders.
Opponents point to domestic violence as reason enough why shared parenting is not
an option. But what they suggest is that the domestic violence tail should wag the
Family Court dog. Domestic violence is not the norm in family breakdown. Basing
policy on the worst-case family severs relationships for tens of thousands of children
for no good reason.
Has the fatherless child become the inevitable consequence of the new order of no-fault,
drive-through divorce? I look at the black and white photograph on the fridge and
wonder why the falling in love with baby that is so central to most women's being,
and the obvious value of that love, is so easily dismissed in the case of fathers.
For all the progress, in other ways society has changed inexorably for the worse.
";"In the photograph, the father is holding a tiny baby, a few weeks old, maybe
less.
The father is looking down at the baby in wonder. His first child. He
is oblivious to the camera. I didn't notice how much love was in that photo";
"2";"sup";"Alan Jones Replies:";"The Today Show/Alan Jones Breakfast Show 2GB";"2003-05-05";"Alan
Jones";;"Look, I normally answer all my correspondence personally. You won’t believe
this, but in light of the editorial I did on Channel Nine, which I repeated on Radio
2GB, I have been inundated with letters on this issue. All saying the same thing.
You want a fairer system where Dads are included in their children’s lives.
Many of you have talked about the fact that when you do get access to your children,
it is for three or four weeks at a time and yet you still have to pay child support
to the mother even when you are providing for them. That also is a nonsense.
One of you said the comments were like the first rains after a long drought. Comments
like that move me enormously. Another talked about it being “music to the ears of
myself and countless other victim fathers.”
Others mentioned the blockage of reform by the Labor Party and the Democrats who
would be the first people to try to pretend to you that they are on side.
Others of you mentioned Larry Anthony and I will be speaking to him. He is aware
of my concern.
Another talked about trying to “stem the flood of male suicides” and a shiver went
down my spine. That marriage and parenthood could do this to people is a scandal.
Another said, “I can quite understand how fathers walk away. Not because they are
bad fathers, but just because the pain is too great.”
Another said to me “I’m a female and I agree that the laws need to be changed in
all regards to family law. I feel that each case has to be decided individually
as each case is different. I feel the reason we don’t hear about the mothers committing
suicide is that quite often we don’t…..if you walk out on the marriage… you need
to know you will lose a lot of your rights. It needs to be said you walk out, you
lose”. That was from a lady. And, I have to say to you, I know of men, and I have
interviewed them, who didn’t walk out on the marriage. The wife/mother did. But
they get the children and the mother. I agree with that correspondent who said each
case had to be individually addressed. We are trying to do that.
Others just simply thanked me on behalf of “all the Dads out there battling to see
their kids regularly but being ripped off by the Child Support Agency”.
Another said, “With five divorces an hour in Australia and three DVOs/AVOs a day,
is it any wonder there is so much suicide.”
Another said, “Thank you for using your forum to make this gross injustice known
to the public. This injustice should be yelled from the rooftops until the lawmakers
change the law”.
Another said “In that cohort of men subject to the Family Court and the Child Support
Agency, more men commit suicide than the total number of deaths to drug overdose
and road toll ..... however those figures aren’t published. The current policies
are creating another stolen generation and this nation will pay dearly in the decades
to come”.
Another said, “Your simple and succinct commentary on non-custodial fathers really
hit home. I’m a non-custodial father and have had the very rude awakening of how
unjust the system is towards divorced fathers”.
Another said, “The legislation has been “amended” over the years so the Child Support
Agency has such wide discretion. They have become almost untouchable. Neither do
they, nor the politicians, seem to care about the effect their decision making is
having on the people forced to be part of the Agency’s horrendous system.”
Another said, “I’m a serving soldier in the Australian Army. I heard your comments
this morning about non-custodial fathers. I was interested to hear that there are
fathers out there in the same boat as me. I have been at my wit’s end many times
due to my treatment by the Child Support Agency and can say that I did consider
doing away with myself at least twice as a direct result of my situation”.
Another, “To your comments this morning about the CSA! Bringing this secretive agency
into the spotlight is certainly long overdue and with high profile attention from
respected persons such as yourself, you may help thousands of fathers in the same
predicament.”
Another, “I don’t for one minute think we should not pay for our children. But I
believe in fairness and equality and there is none in the division of hard earned
assets. And then try living on two-thirds of your wage for what is usually the last
20 years of your working life…..the CSA treat you like a second class citizen from
the word dot.”
Another said, “If they make an error in their assessment, they say they are unable
to change the assessment under current legislation without you taking a Court order
to stop the payments while the incorrect amount is in dispute”.
Another said, “Thank you for your comments this morning on the Today Show. It actually
brought a tear to my eye to hear someone such as yourself speak out against the
injustice Child Support pushes down the throats of Dads who both want to do the
right thing by their children but have a fair go in rebuilding their own lives.”
Another, “Mate, thank you very much for airing this subject. As you know, the whole
situation is appalling.”
Another, “In the first instance, a father paying the CSA has absolutely no power
whatsoever to ensure that the payments are used for the purpose of providing for
the child. In the second instance, I, for one, am often precluded from contact with
the child by the actions of his mother. My ex-wife ended the marriage and admitted
when she did so that the way the “system” was set up, there was an incentive for
her to do so.”
Another, “I’m not surprised at the suicide rate….when I was unemployed some years
ago, I was advised that the payments would continue to accrue and that I would have
to catch up on the back payments. I can understand why some men give up the fight
and let their lives go.”
Another, “I am a retired police officer who has fought a long lonely hand regarding
the matters raised this morning. In my small suburb, in a one-week period, two non-custodial
parents committed suicide in 1997/98.“
Another, “I have to fight to see my daughter and have found it difficult emotionally
and financially to stick it out in the Courts and with the CSA, who don’t seem to
listen to the father at all……I don’t seem to be the only one with issues with the
system and it seems any criticism of the system is belittled and guilt or threats
put on the father if he cannot pay.”
Another, “It’s not just non-custodial fathers who are getting ripped off. I’m a
non-custodial mother – long story – my ex is working cash in hand, is on the pension
and co-inhabiting with another person that is on a benefit payment. He hasn’t put
in a tax return for two years. No matter how much I earn I can’t get ahead. Even
if I get a tax return, they take that as well. The system stinks”.
Another, “Alan Jones is a bloody hero to all men and some women going through the
trauma of separation and who have kids they love. Internet chat rooms and user groups
are flooded with commentary after this morning’s program.”
Another, “Alan, you are absolutely right; the Family Law Court is totally biased
against hard-working men”.
I want to assure you that the volume is massive. I have tried to cover some of the
points that have been raised. Please forgive me if I haven’t alluded to your particular
communication. I’m sending this out as a block email.
I am going to see Larry Anthony. I hope we can get somewhere. I will keep in touch.
My thoughts are with you.
With best wishes,
Alan Jones
";"Look, I normally answer all my correspondence personally. You won’t believe this,
but in light of the editorial I did on Channel Nine, which I repeated on Radio 2GB,
I have been inundated with letters on this issue. All saying the same thing. You
want a f"; "3";"sup";"Father's Life Rocked by Boys' DNA Tests";"The West Australian";"2003-04-12";"Julie
Butler";;"Beefy Perth tradesman “Len” wanted to lie down and die when he found
out this year his two boys were not his biological sons.
The DNA test results didn't stop his love for them, but Len, not his real
name, says it felt like his heart was ripped out.
“I've lost two friends to suicide but nothing prepared me for that,” he
said. “It seemed everything I'd lived and worked for went down the gurgler.”
And had his own father not paid the $1180 upfront test fee he might never have been able to afford to find out.
Len had a stormy relationship with the boys' mother and, after a relationship of more than a decade, they separated. He said a relative then
sat him down and said: “Mate, get your eldest boy DNA'd.”
But it took Len about four years to do so. He said he could not believe the
boys might not be his.
The oldest, now a teenager, resembles Len's beloved late grandfather. His younger brother has Len's build and gift for sport.
But feeling the pinch when he got into arrears with child support, Len said
he obtained the mother's consent for the tests. The results showed he was not the boys' biological father.
He said the repercussions rippled throughout his family: “My parents were devastated and my aunts and uncles are all upset.”
Len said he was yet to see the boys since the tests but understood they knew the result. A family friend told him the oldest was in shock, believed
the tests were wrong and wanted new ones.
This week Len was freed from having to pay child support for the boys. But he said he still had the right to see them.
He claims to have spent tens of thousands of dollars raising the boys and in child support. But he had decided not to sue the mother for a child
maintenance refund because he could not face the rigamarole.
Len, now happily remarried, said he wanted to speak out because his story was not a one-off. “It's amazing how many men have doubts,” he said.
But many might not be able to afford testing, let alone first get the
consent needed, he said. The system needed to be changed so men did not
have to pay maintenance for children which might not be theirs.
DNA tests should be done on demand and men given financial, emotional and
legal support. “There are too many people getting hurt,” he said.
A Child Support Agency spokesman said the agency did not record the reason for cases ending but anecdotal evidence suggested those due to DNA test results were “only in the tens each year”.
Beefy Perth tradesman “Len” wanted to lie down and die when he found out this
year his two boys were not his biological sons. The DNA test results didn't stop
his love for them.
,"; "5";"shd";"Matilda Bawden - President Shared Parenting Council
of Australia";"Dads On The Air";"2003-04-28";"Sydney 2GLF FM 89.3 9am-12.00";;"The
creation of the Shared Parenting Council of Australia, a loose alliance of over
20 family law and fathers groups, has been a significant step forward for the many
people campaigning for family law reform.
Here's some of President Matilda Bawden has to say:
I grew up knowing who my father is. I grew up knowing of his love for me and having
had the benefit of learning under his guidance, supervision and above all love.
I am proud to say my dad is here with us today.
Unfortunately, tens of thousands of children in Australia every year will never
know what it is like to hug or kiss their father. They will never know what his
family origins were or even what his profession or trade was. They will never know
what it feels like to kick a ball with him, go to a theatre or concert with him
or what its like just to play rough and tumble.
To strengthen child protection, we must challenge the mythologies about males.
For those who don't know, I am a Social Worker. My first experience in dealing with so-called “men's issues”, happened when (as a new graduate) I was approached for
an independent opinion by a father who maintained that he had been falsely accused of seven rape
and incest charges against his then 5 year old daughter by the then SA Department of Community Welfare (now Family and Youth Services or FAYS).
Like most Social Workers, I too believed that if he was accused, he must surely
be guilty, afterall - first and foremost - he was a man. Besides, how could a team
of social workers, police, doctors, Crown lawyers and psychologists get it so wrong???
Well, if not for his desperate pleadings, persistent phone calls and he insistence
that he was innocent of the charges over some two weeks, I would probably have read
his file once or twice and concurred with the opinion of all the other professionals.
So what changed my mind? Each time I read the file, I read it from the presumption
of his absolute and irrefutable guilt. Then I tried a different approach - I began
to ask myself, “Could he possibly be innocent?”, “Could there have been a mistake
by the prosecution's team?”, “If so, could a guilty man walk because of sloppy
investigative work by the government's team?” and “Was the so-called evidence
of the man's guilt as contained in his file the fruit off a poisonous tree?”.
When I read his file from the position of his possible innocence, the holes in the
prosecution's case became so massive, one could drive a fleet of buses and several
jumbo jets through it! So much so, it would be another 5 years later before the
father would be exonerated by a front-page Sunday mail story.
This was the first of many cases for me in which the father would face false allegations
of abuse and then been subjected to endless and relentless persecution by Crown
lawyers. Often the Crown's case would be buoyed by stories fabricated by departmental
Social Workers themselves and I can say this as I am a witness to some of those
occasions when the false allegations would later emerge.
Identical practices have been exposed in many cities overseas around the mid-1980's,
including England and Miami, Florida. We know from the practices we have observed
that the verballing and interrogation of children under the age of five by our authorities,
is common-place. Your child could be brought in for questioning on something entirely
unrelated, but two or three hours later make disclosures you could never have imagined
possible, much less plausible.
So my next burning question became, “What ideological, procedural, legislative
or organisational culture could lead an entire team of professionals to behave like
a lynch-mob?”.
To answer the question, I had to start with myself, as I too would have succumbed
to the same mentality.
Retrospectively, as I stand here today, I can attribute a range of factors and causes
for why we have, as a community accepted a very indifferent and casual attitude
to the separation of children from their families.
As a woman, I know how in Social Work the feminist agenda is possibly the single
most dominant perspective which is taught to impressionable and perhaps disillusioned
women, like myself at the time. With over 90% of Social Work students being female,
it is hardly surprising that many are prepared to absorb such doctrines like a sponge;
as if preaching to the converted.
With no “male liberationist” perspective to counter-balance this equation, new
Social Workers are ill-placed for de-programming themselves. This is particularly
so in a public sector culture where professional de-skilling is the order of the
day and independent thought is rendered impossible if one is not to be the subject
of professional suicide or reprisal for challenging the elite.
Then we have the gender-feminists who have naturally found themselves careers working
in such areas as child protection, DV services and women's shelters, just to name
a few. In these roles, the community has accepted them as champions not of oppressed,
disadvantaged and down-trodden women, but almost always of all children!
But, just ask those battered, oppressed and down-trodden women how much their lives
have been changed for the better because of the feminist movement, when to this
day they cannot access income support, housing, health care, respite, police protection,
legal representation and other goods and services after they are forced to flee
the family home.
If we could conduct a survey of the profile of senior employees who enters this
line of work, I suspect we would find that many who believe they had been abused
by men would eventually find themselves working within this industry.
But should we be developing social policy on the basis of people's pathology?
";"The creation of the Shared Parenting Council of Australia, a loose alliance of
over 20 family law and fathers groups, has been a significant step forward for the
many people campaigning for family law reform.
Here's some of President Matil"; "6";"edb";"The boys who will be gentlemen";"The
Sun-Herald";"2003-07-06";"Andrew West";;"http://www.smh.com.au/articles/2003/07/05/1057179204769.html
One of the great educational theories of the past 30 years is being turned on its head. It seems boys perform better academically, and become more sensitive men, if they attend all-male schools.
Findings to be presented at a major conference on boys' education, beginning in Sydney today, show that boys educated without the company of girls have greater self-esteem.
They are also more likely to pursue subjects such as art, drama and music, to get involved in debating and school leadership and enjoy reading.
Principal of The Southport School on the Gold Coast Bruce Cook said the conventional wisdom of the past three decades - that girls have a civilising impact on boys - is old-fashioned.
“That relates to the concepts of teaching and learning, in vogue from the 1950s to the 1980s, that learning was only good if people sat still, shut up and read their books,” Dr Cook said. “But boys don't learn that way.
“They learn by being active, by competing, by moving around. In boys' schools we can construct different ways of learning that concentrate on their learning style.”
Even more compelling is Dr Cook's conclusion that boys educated separately end up being more confident around girls.
“In co-ed, boys tend to adopt a quasi-masculine attitude because girls are there,” he said. “They feel they have to demonstrate their emerging
masculinity by gross macho over-reaction.
“Boys in single sex schools don't have the constant presence of girls reminding them of how they look. You know, 'Am I looking OK for the girls?' ”
In co-educational environments, he said, he found boys were more reluctant to become involved in what their male classmates might dismiss as “feminine” activities, such as choirs, orchestras and debating.
They even feared their classmates would question their sexuality.
“In boys' schools, they can participate in anything irrespective of any
perceived gender bias,” Dr Cook said, “whereas in co-ed schools you get
boys who don't even try moving into those areas, the choir or debating,
because they're fearful of being labelled gay or a sissy.”
The conference of the International Boys' Schools Coalition, to be held at
the Shore School in North Sydney, will also hear from leading US educator
George Lewis, who teaches at the elite Fairfield Country Day School in
Connecticut.
Mr Lewis said it was important the curriculum in all-boys schools included
material that explored women's experiences.
He said anecdotal evidence suggested boys from single-sex schools were also more polite.
While almost all state US schools are co-educational, more single-sex schools are opening in the private sector. ";"http://www.smh.com.au/articles/2003/07/05/1057179204769.html
One of the great educational theories of the past 30 years is being turned on its head. It seems boys perform better academically, and become more sensitiv"; "7";"sup";"Legal Minefield for Deceived Fathers";"The Sydney Morning
Herald";"2003-03-29";"Leonie Lamont";;"During an interstate access visit, and a
trip to the Melbourne Show, Bill told his 14-year-old son he was going to take him
for an allergy test.
The test was in reality a DNA parentage test, to establish the likelihood of Bill
being the boy's biological father. The fallout is set to force the Federal Government
to amend the Family Law Act so that men who prove they are not the biological fathers
can recover child maintenance payments.
The case of Bill, whose identity is confidential, which went before the Chief Federal
Magistrate, Diana Bryant, last year, has revealed that the court has no jurisdiction
to order repayments to “biological strangers” in the same position as this man.
The legislative gap applies to married couples who separated, and had child maintenance
orders for children born before 1989.
Since then, the Child Support (Assessment) Act allows courts to order repayments
where a presumed parent is later found not to be the biological parent. In the case
of Bill, Ms Bryant said his only recourse was civil action to recover the $28,700
he had paid in child maintenance since 1987. Under the Family Law Act she only had
power regarding “biological parents, step-parents, adoptive parents ... parents
as a result of artificial conception procedures ... the applicant is, effectively,
a biological 'stranger' [to the boy]”.
Geoffrey Greene, the federal director of the Shared Parenting Council of Australia,
said more of these cases would emerge with the widespread access to DNA testing.
“It's awfully late in the day to be finding this out,” he said. “It needs to
be fixed. You can't start treating families different because of the legislation
they fall under.”
Robert Benjamin, chairman of the family law committee with the NSW Law Society,
said: “It clearly needs a change to the law because the only option you then have
left is an action for deceit at common law - but you have to show active deceit,
and deceit may well be difficult to prove.”
In a precedent last year in Victoria, Liam Magill successfully sued his ex-wife
for $70,000 in damages and economic loss after DNA testing proved she had deceived
him by telling him her lovers' children were his own.
After the Herald brought Bill's case to government attention, a spokeswoman for
the Attorney-General said the need for amendment was being considered by the department,
pending consultation with the child support agency.
The Australian Law Reform Commission this week completed its report on safeguarding
human genetic material. The commission's chairman, Professor David Weisbrot, said
privacy, consent, quality assurance and counselling had been issues in parentage
testing. While the Family Court documented 103 parentage testing orders in 2000-01,
many more were taking place in other courts, and others were occurring either by
consent, or without, outside the legal system.
Judging from the inquiry's public meetings and submission, he did not see a nexus
between the requirement to pay child support and the use of DNA tests.
“I don't think most people want to prove that the child isn't theirs,” he said.
“They are not doing it to get out of payments, generally speaking ... I don't think
it's anything to do with the child - it is still the continuing anger with the other
partner.”
The commission proposes there be no DNA testing without the consent of all involved,
with a court order necessary if one party refuses. ";"During an interstate access
visit, and a trip to the Melbourne Show, Bill told his 14-year-old son he was going
to take him for an allergy test.
The test was in reality a DNA parentage test, to establish the likelihood of Bill
being the bo"; "8";"shd";"Children of Divorce Fight Stereotypes";"Brigham Young
University NewsNet";"2003-04-04";"Laura Cantera";;"Twenty-year-old Emily Johnson
recognizes the stigma associated with children of divorce, and said she thinks people
often wonder how well she can handle relationships and whether she's a stable person.
“When I tell people my parents are divorced, I get a shocked look and normally
people get really quiet and I then have to explain the situation,” said Emily Johnson,
22, a sophomore from Chicago majoring in political science.
The dominant culture's emphasis on marriage and family tends to cast a shadow on
children who come from broken homes, she said.
“If the guy is going to think so little of me, then I wouldn't want to waste my
time there anyway,” Johnson said.
Similarly, Jake Larsen, 23, a senior from Orem, said he used to hide the fact that
his parents were divorced, but he now uses his dates' reaction to the news as a
measuring tool.
He thinks people assume children of divorce “come into relationships with some
type of emotional baggage.”
But that's not always true.
“They assume because your parents didn't have a successful marriage you will have
more difficulty in forming a successful marriage,” said Mandy Beckstrom, a 19-year-old
political science major. “People should be less judgmental of students from divorced
parents.”
Nicholas H. Wolfinger, assistant professor of family and consumer studies at the
University of Utah, has studied the effects of divorce on children for more than
three decades.
The most recent research suggests children with divorced parents are one-and-a-half
times more likely to divorce as compared to children with an intact family.
The good news is that rate is decreasing. In 1973, children with divorced parents
were three times more likely to divorce.
Wolfinger believes society is shaping this trend.
Fifty years ago the divorce rate was much lower, so if a child's parents divorced
he received a much stronger message about marital stability and marital commitment,
Wolfinger said, because he was the “only one in (his) neighborhood” with divorced
parents.
Today, divorce is more accepted and common so divorce doesn't affect children quite
as drastically.
Despite the decline in divorce among children from broken homes, Wolfinger does
not expect the trend to continue indefinitely.
Barbara Morrell, licensed psychologist in the Counseling and Career Center, said
for many students whose parents are divorced, eventually divorce themselves is a
real fear.
“I think students whose parents are divorced feel as if their family has failed
somehow or everyone else's family is perfect,” Morrell said, adding that it is
sometimes harder for children of divorce to know what a healthy marriage is like
but they can learn by getting close to married couples, such as siblings or other
relatives.
Students should also realize their parent's divorce is not their fault and it is
not “a personal failure,” she said.
Marriage and family expert and Religion Professor Douglas Brinley, said divorce
is a factor in successful relationships, but shouldn't be an overriding consideration.
“I think it's a red flag, but that doesn't mean you can't take it down,” he said.
When Jen Berger first breaks the news that her parents are divorced, she said most
people expect her to have a sob story about her life. She said people are surprised
she's not different.
Surprisingly, students with divorced parents claim they know more about marriage
and dating than people might expect.
Larsen, a Spanish and French major, said he is more “realistic.” He said he won't
run away the first time a problem arises, because he understands that problems in
marriage are normal.
Berger realizes marriage isn't a “fairy tale,” and goes into relationships with
“eyes wide open.”
“People believe in love at first sight. I don't believe in that at all,” she said.
Beckstrom is conservative in matters of love too.
“I'm not as quick to give my heart away,” said Beckstrom, a senior from Santa
Monica, Calif. “I know how much it hurts when it fails and how much work it takes
to make a marriage successful.”
The increased commitment and caution Johnson has toward dating is a result of not
wanting to go through what she saw her parents go through.
This is the most common and heartfelt sentiment among students of divorce. They
don't want to expose their children to the kind of pain they experienced and are
motivated to work even harder. As a result, Berger vows, “there's no backing out.”
This practical attitude leads most children of divorce to decry the all-too-common
quick courtships so prevalent in Provo.
“You've been hurt and saw the pain and struggles,” Beckstrom said. “The best
marriages come between best friends. Quick marriages are dangerous. You're going
to spend eternity with this person.”
Larsen said he feels less hurried in courtship because he's seen that it is easier
to get married than to actually stay married.
Whether it's been a month or five years since the divorce, the challenges never
end.
Morrell said the real trouble with divorce begins when people feel the issues in
their family get in the way of their own relationships, but said books, classes
and counseling can help overcome barriers.
She said students should also realize they're not alone in their family problems,
develop healthy friendships with all types of people as a means of increasing their
relationship skills and work through relationship fears as they arise.
Wolfinger said on average, students with divorced parents don't complete as much
education as those with married parents. They're more likely to get pregnant out
of wedlock, have smoking problems and even die sooner.
But some students with divorce in their family's past are determined to not make
it part of the future.
“I'm trying to make myself a complete person-the kind of person I want to marry,”
Beckstrom said. “Rather than looking for the one, I become the one.”
Berger said although she misses having her parents as a “unified, decision making
team,” she said she doesn't use her unsure support system as an excuse. Rather,
it's a motivation to prove she can make her way regardless of her parents.
Copyright ©2003 BYU NewsNet ";"Twenty-year-old Emily Johnson recognizes the stigma
associated with children of divorce, and said she thinks people often wonder how
well she can handle relationships and whether she's a stable person.
“When I tell people my parents are di”
"; "9";;"The Turning of the Tide: With Special
Guest Rod Hardwick, President of DADs Australia.";"Dads On The Air";"2003-05-12";"Sydney
2GLF FM 89.3 9am-12.00";;"This week it's impossible to ignore the efforts of one
of the country's leading broadcasters, Alan Jones at 2GB. The number one breakfast
show host has taken up the plight of non-custodial parents and child support payers
with a vengeance, describing the situation as a “social scandal”. As a result
he has been swamped with hundreds upon hundreds of emails.
He says he has never had a response like it on any issue after raising it on his
radio show and on television at the Today Show.
He read an email from one of his listeners who he says was driven to penury and
total despair by the unconscionable way he had been treated by the Family Court
and the Child Support Agency.
Alan Jones normally likes to answer his emails individually but has been unable
to do so in this case. Here's a small sample of them which he has distributed:
One young man wrote and said, “I heard your Today Show last week about non-custodial
males... it made me cry. I am in the same position... I last saw my two little men
on the 28/12/01. I pay $1,400 per month in child support. I gave up a fully paid
off house, car and furniture. I gave up my job, as my ex-wife's affair went public...
I want to support my boys and I, too, contemplated giving up.”
Another said, “In that cohort of men subject to the Family Court and the Child
Support Agency, more men commit suicide than the total number of deaths to drug
overdose, and the road toll, yet governments panic whenever those figures are published.
The current policies are creating another stolen generation”.
Another said, “I find myself in a similar position to the Harry you referred to
in your editorial. In fact, as I sat on the lounge watching the Today Show program,
I turned to my girlfriend and said 'this is me he's talking about', so frighteningly
close were the similarities”.
Alan Jones said these were just a very small sample of the hundreds upon hundreds
of people who had written to him. “There is something dramatically wrong with a
system that provokes those sentiments,” he said.
We'll also with Rod Hardwick be taking a look at Dads Australia's plans. It is a
non-profit community organisation that provides support and assistance to both men
and women, affected by Divorce, Separation, Child Residency and Contact, C$A (Child
$upport Agency), Domestic Violence and Suicide.
DADs Australia provides support through our meetings and resources to assist people
to deal with the above issues.
Rod Hardwick says DADs Australia is operated by both men and women for the benefit
of our children. It is concerned with the deliberate degrading of families and marginalising
of Fathers in children’s lives by the feminist movement and unreasonable interference
by Government Departments in our personal lives.
“When you go to bed tonight think of the 1,000,000 Australian children who are
forced to live apart from their dads. Up to 5 dads who are separated from the children,
commit suicide each day. These dads see suicide as the only way of relieving the
pain inflicted by Government policies that use children as the tools of their trade.
“The past three decades, various governments have ignored what is best for children
in order to appease the small letterhead and self interest groups that supposedly
represent the community.” ";"This week it's impossible to ignore the efforts of
one of the country's leading broadcasters, Alan Jones at 2GB. The number one breakfast
show host has taken up the plight of non-custodial parents and child support payers
with a vengeance, describing the"; "10";"gdr";"The Lace Curtain: The Warren Farrell
interview";"Dads On The Air";"2003-04-21";"Sydney 2GLF FM 89.3 9am-12.00";;"Edited
extract: Women Can't Hear What Men Don't Say:
Studies are done when studies are funded. If the area is gender, the funding is
feminist.
Lace Curtain Research and the Funding It Finds.
Now that men are in the minority in college (45%), and doing worse in almost all
subjects except math and science in high school, and dropping out, committing suicide,
and suffering learning disabilities at much higher rates, we would expect special
financial aid to be available to boys - perhaps even more than to girls. Not the
case.
Although women dominate the humanities, grants to study male-female issues given
by the National Endowment for the Humanities are given almost exclusively to study
only women, and from only a feminist perspective. The pattern is the same with the
National Endowment for the Arts...
Other studies are conducted more directly by the government, such as the Census
Bureau. Let's look...
Remember the headlines we read telling us how little men pay in child support, based
on Census Bureau figures? All these Census Bureau's figures are based on the reports
of women. And only women.
Only recently did the government commission a special survey including men. The
men reported paying almost 40% more than the women reported receiving (between 80%
and 93% of what the court had ordered), plus more payments in full and on time.
Why haven't we seen any “Men Pay 80%-93%” headlines? Because as soon as the men's
perspective was discovered to be so different, the Family Support Administration
had the study discontinued - it was not released. Which is another way of saying
“censored.”
Another example. The National Longitudinal Survey provides the basis for thousands
of articles about women every year. It is perhaps the most important study of how
Americans' lives change during our lifetimes. Well, no longer. Since 1983, men have
been dropped from the study. It is now the most important study about how women's
lives change.
How was the dropping of men justified? Men are harder to study. Wasn't that was
one of the reasons the medical community gave to feminists when feminists asked
why women had been left out of many medical studies? The feminists rightly protested,
“Go the extra mile - we have the right to know what does and doesn't apply to us.”
The feminists were right, but the men are silent. The government can't hear what
men don't say.
The Murder of All Justice
In the chapter on domestic violence, much of the censorship I discussed emanated
from the US Department of Justice. It was the Department of Justice that censored
abuse by women from a 1979 poll. Finally some professors discovered the data on
the original computer tape. The Bureau of Justice Statistics' “Murder In Families”
stressed women-as-victims although its own raw data showed 55.5% male and 44.5%
female victims of family murder. Similarly, it issued a report on Violence Against
Women, but none on Violence Against Men - despite the fact that two-thirds of the
violence is against men. We saw also how the FBI hides the female method of killing
by contract by calling it a multiple-offender killing.
I am unaware of a single government source with a focus on family or gender that
does not now have a strong feminist bias. Some are bureaus of feminist bias...
There is no misuse of the lace curtain that is killing our fathers and their sons
more than its misuse in the area of men's and women's health. We all benefit from
more research on both sexes' health. So why have we been focusing on women's health
during the past three decades to such a degree that we have an Office of Research
on Women's Health but none on men's health? ...
The result? Most of the world assumes women just “naturally” live longer than
men. They are unaware that in 1920, for example, American men died only one year
sooner than women; today, they die seven years sooner. While dozens of studies are
being done on the possible damage of silicone breast implants, the causes of men
dying seven years sooner are virtually ignored. Nor are most of us aware of how
quickly men's health is deteriorating. When I wrote The Myth of Male Power in 1993,
the gap between male and female suicide was 3.9 to 1; now it is 4.5 to 1 (see table).
In Great Britain, there is a recent 339% increase in male suicides by hanging alone.
";"Edited extract: Women Can't Hear What Men Don't Say:
Studies are done when studies are funded. If the area is gender, the funding is
feminist.
Lace Curtain Research and the Funding It Finds.
Now "; "11";"ftl";"The Forgotten Parent?";"The Age";"2003-04-17";"Mark Mordue";;"I
once asked Tom Waits if he felt fatherhood had affected his songwriting in any way?
“Well,” he said, pausing to consider the full weight of the question, “it's harder
to find the ashtrays.”
It's as good an observation as any on the mysterious rites of fatherhood. For though
I'm a non-smoker, I can easily sympathise with Waits's predicament. My baby boy
is now a full year grown, and as he graduates from crawling to walking and on into
a whole new world of reaching, I am finding our entire house is also on the move.
When I look for anything these days, it is either chaotically below the ankles (this
is his world: plastic, battery operated, relentlessly tuneful, jigsaw scattered,
surprisingly bookish and marked by delicate thuggery) or safely above the waist
(our world: full of glass and poisons, precarious, haphazard piles and a toilet
I really wish he stop throwing things into).
My partner is meanwhile trying to find some time to look into the mirror again.
After losing so much of her hair (a common experience) because of the physical trauma
of birth, she finally feels as if it is growing back towards its natural state.
It was always one of the most beautiful and distinct things about her (it's true,
men can fall in love with a woman because of her hair), and I understood why it
grieved and upset her to see it fall out by the handful while she battled our baby
boy's sleeping and feeding problems and this new and not always perfect ideal of
herself as a mother.
I, too, examine myself in battle-weary terms: the mid-life gut, the back problems
from lifting my son, the less-than-stylish, food-flecked, sleep- deprived way I
am appearing. Vanity may not be killed off with parenthood, but it is certainly
given a battering. And with it some sense of whom one is or was, and the self worth
that this “originality” previously involved. As a parent, you now live for another,
but, you fear, sometimes, that you may have lost yourself into the bargain.
How all this love and pain and struggle and rage measure out into some modern concept
of fatherhood is no easy task to pin down. I know the magic of my son's kiss on
my neck as he nuzzles into me (and mostly fails to bite me with the four teeth he
is now blessed with); the way he can literally glow like a saint when he sees me
walking in the door. I know the crushing weight of sitting alone in a park, sobbing,
thinking I am not going to make it, hoping no one sees me and finds out how hollowed
out and broken I really am. That if I don't recover my family will be lost and everything
my life might be worth along with them.
It seems to me modern fatherhood is this half-hidden thing, subsumed in glib and
not especially flattering television images, our own strangely male inclinations
to deep silence, and those private relationships with our fathers and mothers that
shadow whatever we might like to be (or not be) as a parent.
Certainly, the story of fatherhood is the story of the father as a son, as well
as the father of a son or a daughter. Every one of us has a story like this that
we are trying to carry on and yet change in some vital way, I guess.
When the National Fatherhood Initiative (NFI) in the United States reviewed prime-time
television on the five major networks (ABC, CBS, FOX, NBC, WB) a few years ago,
they found that fathers were rarely portrayed, and that when they were it “was
usually either as a competent man yet uninvolved father or as an involved father
yet incompetent man”.
Much as I love Homer Simpson, perhaps something decent and intelligent and confessional
from the horse's mouth is needed to update our image of ourselves, to clear the
decks. Slowly, but surely, I'm beginning to believe, this “something” is emerging.
Ian Sansom's The Truth About Babies from A-Z, while owing some debts to Nick Hornby's
writing, is a small attempt to fill in the gaps - combining a diary, a philosophical
reference guide, a compendium of wise words and witticisms and interesting facts,
and a literary attempt to grapple with modern fatherhood from the banal to the sublime.
He passes through a series of alphabetically arranged chapters that have a mock-reference
authority to them: headings such as Baby Monitor, Depression, Friends, Hate, Motherese,
Shit, Sleep, Touch, Truth and, finally, Zero, which consists entirely of this brief
note: “A cup of tea and a slice of cake, spotted with wax, and the year's gone.
Like snow in the hand. You're one.”
Every now and then Sansom also hits you with something harder, like his chapter
titled Violence, in which he details trying to calm his child at night and its absolute
refusal to be calmed. Very quickly, the scene escalates to him shaking the baby.
“I stop shaking. I lay you down in your cot and walk out of the room. I am ashamed.
I don't tell anyone.”
Given its diary nature, the book is inevitably Sansom's dialogue with himself as
he grapples with fatherhood and what it means. Since the book addresses his son
in the first person throughout, it is also a prolonged love letter and time-capsule
for his child. It is, in this way, about the deep, mucky, contradictory material
of real love, the highs and the lows of fatherhood that are never entirely resolved.
One sees, though, that writing itself can be an act of selfishness. I read with
cautionary distress Sansom's contrasting use of Bertrand Russell's pleased notes
on fatherhood in his Autobiography (1967-69) with his daughter Katherine Tait's
observations later in My Father Bertrand Russell (1975): “He played at being a
father ... and he acted the part to perfection, but his heart was elsewhere and
his combination of inner detachment and outer affection caused me much muddled suffering.”
Like many working fathers, my own father was often not around while I was growing
up. Sometimes, I worry about this tendency myself, about the pressures I feel to
be a provider, a wage earner. At the same time, I ponder any hint of selfishness
masked within that drive, that in some way I might be putting my career before my
family and excusing it with a false feeling of sacrifice. The best I can do is be
aware of that duplicity, to try and find some democracy of action in the home as
well as contribute some love that adds up to dishes done, garbage out, nappies changed,
and a closeness that never ends up withering into what Paul Kelly once sang: “I've
lost my tenderness. I've taken bad care of this.” (Careless).
I well remember my father's burning words to me on his hard labours and my blossoming
education as a young man: how he didn't want me to “end up” like him. As a working-class
man, he saw education as a way of lifting me up and out of the struggles he felt
condemned to. When I reflect on his efforts and my mother's - and in many ways I
belong more to my mother and even my grandmother's influence than my father's -
I feel a profound debt towards and sorrow over my privileges, my luck, and an obligation
to somehow convert all that into something of worth for my own son, to help propel
him forwards. At the same time I want to avoid laying any burden of expectation
upon his shoulders. Amid all those conflicting hopes and fears, I find that becoming
a father is sending me back to my own family, to my parents, my sisters and my brother,
to heal some distances I've allowed to grow in.
Every time fatherhood gets hard, even impossible, moments and then whole days of
joy arrive. It's usually the simple things, like when my little boy and I are having
a bath together or I am chasing him up the stairs, step by step, laughing. Or when
we are watching early-morning television and it's the weekend and Rage is on and
a clip for Eminem or Holly Valance appears (my son's current favourites) and we
turn the volume up and all dance to the lullabies of the moment, he, his beautiful
mother and me, raging along, making a noise and punching our arms in the air shouting
“hey”. It feels to me right then and there that the family who dances together
stays together, and that's about as wise and happy I can be as a father for today
";"I once asked Tom Waits if he felt fatherhood had affected his songwriting in
any way?
“Well,” he said, pausing to consider the full weight of the question, “it's harder
to find the ashtrays.”
It's as good an observation as"; "12";"ftl";"Time To Look At The Bigger Picture";"ACT
New Zealand";"2003-04-11";"Dr Muriel Newman";;"Chief Youth Court Judge Andrew Beecroft
yesterday identified six characteristics of serious youth offenders: 85 percent
are male, the majority have no contact with their father, 80 percent do not go to
school and have chronic drug or alcohol addictions, most have psychological or psychiatric
issues, and 50 percent - up to 90 percent in some courts - are Maori.
He went on to explain that many of these boys have no adult male role model: “14,
15, and 16 year-old boys seek out role models like 'heat seeking missiles'. It's
either the leader of the Mongrel Mob or it's a sports coach or it's Dad. But an
overwhelming majority of boys who I see in the Youth Court have lost contact with
their father. What I'm saying is that I'm dealing in the Youth Court with boys for
whom their Dad is simply not there, never has been, gone, vanished and disappeared”.
The Judge also went on make a devastating comment: “every single young boy that
we have dealt with has been abused as a child”.
This is why I am so passionately opposed to public policy and practice that incentivises
family breakdown, and excludes fathers from the lives of their children - especially
when the evidence is clear that children being brought up in families headed by
a sole mother are at far more risk of child abuse than children raised by married
parents.
The issue of fatherless children has been in the public eye this week, after revelations
that the number of women on the Domestic Purposes Benefit who cannot - or will not
- name the father of their children had grown to a record 16,500 this year from
just under 14,000 when Labour took office.
In fact, the figures are much worse than that. An update I just received from the
Minister shows that the number has grown to 17,117 - or one in six of the women
on the DPB. Of those, 50 percent were Maori and 30 percent European.
The reasons why these women have not named the father of their children fall into
three basic categories: women who are colluding with the father to avoid the child
support system, women who cannot get the father to agree to be named on the child's
birth certificate, and women at risk who have been the victims of abuse or attack.
Women who are victims should clearly be protected not penalised, and those violent
and abusive fathers punished for their crime.
Nor should the women be penalised who cannot get the fathers to agree to be named
on their child's birth certificate. Instead, those fathers should - subject to paternity
testing - be made to pay. Any claiming they did not agree to the pregnancy should
think again - it takes two to have a baby, and each must take full responsibility.
For the majority of the women who refuse to name the fathers of their children,
the sanctions must be even handed: if - having reached a mutually agreeable financial
arrangement - a woman shields the father from his child support liability, then
she should accept responsibility for becoming the breadwinner herself. It is simply
unacceptable for an able-bodied couple to abrogate the full financial support of
their children to the taxpayer. Either the father should be made to pay up, or the
mother should get a job - and DPB eligibility should be based on the naming of the
father.
Inherent in all of this should be the absolute right for named fathers to require
paternity testing. At present, a liable father can request paternity testing, but
it requires the mother's agreement. In spite of overseas evidence showing 10-20
percent of liable fathers are not the biological father of a child they are providing
financial support for, in New Zealand men cannot have the test done as of right.
Where a couple colludes to avoid child support, fathers must be required to either
pay their contribution, or engage in community work to help repay taxpayers who
are carrying their burden. Those who refuse should face imprisonment. But central
to these changes is a thorough review of the Child Support Act. New Zealand's child
support system is an anachronism and needs urgent reform. This was called for as
early as 1994 by Judge Trapsky, who undertook a comprehensive review and proposed
far-reaching changes, which were steadfastly ignored by successive governments.
Central to a revamped child support system is the need to take each parent's full
financial situation into account, rather than just that of the non-custodial parent.
Further, allowance should be made for the time each parent spends with their child.
But, most importantly, shared parenting - rather than maternal sole custody - should
be introduced as the norm when a couple separates. Shared Parenting is a system
that is not only far better for children - giving them the support of both parents,
and extended family - but in those countries where it is the law, child support
non-compliance is extremely rare. The Labour Government is now talking tough on
this issue, but must be careful that the law changes that they are proposing are
well informed, balanced and fair. If they follow the plan outlined above then, not
only will they be addressing an area of law in urgent need of reform but, they will
also be protecting the fundamental right of New Zealand children to know who their
father is. --- Dr Muriel Newman, MP for ACT New Zealand, writes a weekly opinion
piece on topical issues for a number of community newspapers. You are welcome to
forward this column to anyone you think may be interested View the archive of columns
at: http://www.act.org.nz/action/murielnewman.html Visit ACT New Zealand's web site:
http://www.act.org.nz If you no longer wish to remain on our mailing list please
advise by return email Muriel appreciates the opportunity to keep you informed and
thanks you for your continued interest in ACT New Zealand. If you are interested
in the Shared Parenting Campaign you may like to visit the website: http://www.xoasis.com/~sharedparents/
KATH BELL EXECUTIVE SECRETARY TO DR MURIEL NEWMAN MP BOWEN HOUSE ROOM 10.07 PHONE
64 4 470 6633 FAX 64 4 473 3532 EMAIL kath.bell@parliament.govt.nz ";"Chief Youth
Court Judge Andrew Beecroft yesterday identified six characteristics of serious
youth offenders: 85 percent are male, the majority have no contact with their father,
80 percent do not go to school and have chronic drug or alcohol addictions, m";
"13";"sup";"The Despised Child Support Agency: A Social Disaster";"Dads On The Air";"2003-03-31";"Sydney
2GLF FM 89.3 9am-12.00";;"Child Support Agencies were first created by the Bolsheviks
after the Russian revolution of 1917 as a way of funding the Bolshevik attack on
the nuclear family. The Bolsheviks regarded the family as a fundamental unit of
capitalism to be destroyed. The Russian child support schemes were one of the main
reasons for their massive black economy.
Similar percentages that now operate in the Australian scheme still persist in the
Russian family code to this day. Child support schemes never worked in a controlled
economy like Russia, and they have never worked in the West either.
Introduced into this country with the help of left wing academics and feminist advocates
after Bob Hawke's statement that “no child will live in poverty”, the Child Support
Scheme has been a complete disaster in Australia. It was one of Bob Hawke's single
worst decisions.
The Child Support Agency has driven hundreds of thousands of fathers on to the dole,
destroyed the lives of tens upon tens of thousands of parents, and has ultimately
failed to deliver. It is as hated by mothers as it is by fathers. The children of
separated parents now get less per child than they did prior to the creation of
this utterly despised bureaucracy.
This government has done nothing to reform the appallingly managed Agency. Indeed,
this government passed legislation exempting the Agency from the Family Law Act.
Now it doesn't even have to pretend to be acting in the best interests of children.
This government also increased the Agency's contempt towards fathers by reducing
them to mere numbers. Thanks to this government's disgraceful conduct the Agency,
always one to treat fathers with hostility and contempt, will no longer speak to
any father who doesn't provide a tax file number or similar number as an identifier.
Instead of reforming the hated “Collection and Suicide Agency”, this government
has begun arresting fathers fleeing the country in search of a better life.
This is the same government that refuses to look at the death rate associated with
the Agency.
Although child support schemes are associated with high death rates amongst separated
men wherever they operate, the Agency has refused to release figures on how many
of its clients die each day, claiming it is under no legislative obligation to do
so. The Agency that is telling parents how to “manage their responsibilities”
cannot even be bothered to count its own dead!!!
Fathers groups have consistently claimed for years that at least three of the Agency's
clients suicide every day.
The government's reaction? The responsible Minister Larry Anthony has acknowledged
that he doesn't know how many of the Agency's clients die each day. But what is
worse, he has no apparent plans to find out!! Critics regard this lackadaisical
approach as both morally reprehensible and nothing short of criminal negligence.
Wayne Miller says: “I had been divorced only 18 months yet I was tearing my hair out! I still have
a reasonably good relationship with my ex-wife, yet I felt I was still getting on
the wrong side of the CSA. For example, when we agreed that I would pay a lesser
amount due to being off work from illness, she rang to advise the CSA and was stunned
to hear the woman say: 'Do you want us to go after him? You don't have to agree
to this you know.' ”
Worse still, I started to get paranoid about even checking the letterbox, for fear
there would be another CSA letter telling me I owed someone even more money. I started
feeling like a second-class citizen, always at the beck and call of some faceless
bureaucrat on the end of a telephone line. Conversations with CSA staff were not
entered onto their computer system; information given by one CSA staff member would
be completely contradicted or dismissed by another.
And I have a number of women friends who benefit from the CSA system, with one even
telling me (she has two children), “It's ridiculous really. I get more than I need.
It's really very, very good for me.”
By September last year, after a week of living on home-made vegetable soup for dinner,
I'd had enough. Rather than whinge about the CSA, I decided to do something about
it. I built a website with a questionnaire with a view to testing the water. Was
I the only one who felt like this - worthless, unimportant, living (financially)
from day to day?
Six months on, there have been over 100 responses to my questionnaire - from men,
their second wives, their children, their parents. And I've found I'm one of the
lucky ones.
For example: One response:
“The stress my partner & I have been put under is unbelievable. Sometimes I cannot
believe we have lasted. I have had threats from debt collectors and one guy even
said to my wife - 'Can't YOU make any contributions to the Child Support debt, you
do make more money than your husband.' He then told my wife - they don't really
care where the money comes from, as long as they get it”.
Another response: “I have tried to commit suicide a few occasions because of work and CSA depressions
and I felt that there is no way out and I do not like the way the way CSA is designed.
I am in arrears of $15,000.00 since January 2001.”
An alarming number of men are on anti-depressants or have attempted suicide. Many
say they live on or under the poverty line. And nobody has any praise whatsoever
for the CSA or the system it operates under.
What stuns me is that nobody seems to take into account that the non-custodial parent,
who quite often walks out of the matrimonial home with very little, suffering the
strain of no longer having regular contact with his or her children, is expected
to start from scratch with this heavy burden placed upon them. How do you start
again when it's impossible to save? It's extremely difficult to buy goods for your
new home and buying clothes for work is a luxury. And a holiday.what's that?
What I don't understand is how one formula can fit all situations. Time and time
again people complain that they are going out backwards while the custodial parent
remarries, works, with her new spouse has two incomes and still gets generous maintenance
payments. Surely there should some type of means testing. Or even better, some fairness.
Check out the website at www.god.net.au/divorce and have your say. I'm certainly
going to have mine.
Under the auspices of the Mens Rights Agency Bill Rogan, one of the country's many
outraged fathers, has been documenting the activities of the Child Support Agency
and has recently filed his third report. These can be found at their site www.mensrights.com.au
under the child support button.
He says it is interesting to note one case of CSA's treatment of one our Service
Personnel as this Government takes us down the path to War. A soldier doesn't have
to go to war in order to have his life destroyed.
Bill Rogan says: “The MRA hereby advises the Minister for Family and Community
Services, that they hold him responsible for the activities of the CSA. That staff
acting as agents of the Government are in breach of a number of Federal Parliamentary
Acts and Operational Guidelines and Procedures.”
One of the most serious acts that has come to our attention and one that deserves
special consideration is a breach of the Crimes Act where CSA staff have used blackmail
and threats of retaliation against a payer should he exercise his legislated right
to lodge a request for reassessment. These are serious issues and evidence of a
lack of accountability by the Child Support Agency in its execution of duty on behalf
of the Government and hence voting Public of Australia.
Please note that we will continue to report on and raise public awareness of the
activities of the CSA and hold it accountable for its actions and objectionable
treatment of the Voting Public at large.
Below is an example with which the CSA treats fathers, in this case a man who served
for many years protecting his country. Now, like so many other soldiers maltreated
by government, he wonders exactly what he was protecting!
Bill Rogan and MRA identify the following breaches in this case: Failure to accept
documentary evidence as presented.Failure to act without bias. Failure of Duty of
Care. Breaches under the Public Service Act Code of Conduct by not acting in impartial
and consistent manner. Failure of process to act in consistent and correct manner.
Breach of C$A Charter. Incorrectly collecting monies. Misappropriating funds. Lack
of competence. Lack of integrity of CSA staff.
“When he was 16 he joined the Navy and for the next 14 years of his life served
the call of the Australian Government on Oberon Submarines. During his time he entered
a marriage and through this he was lucky enough to become a father of two beautiful
children. Little did he realise for if he ever fell out of marriage he would be
segregated from the rest of society and then treated so harshly by what can only
be called a dictatorship regime which seems to be fully supported by both parties
of parliament. This agency he refers to and I am sure most politicians' cringe when
they receive letters about it, is called the Child Support Agency (C$A). He left
the Navy to spend more time with his children, then his marriage broke up and he
has now had the unpleasant task of being forced to deal with the C$A, which until
separated he didn't even know existed. In the next few short paragraphs (believe
me these are short) we will explain his not insignificant story to you. Even as
I write this he is still experiencing significant problems with this agency, which
goes under the banner 'Helping parents manage their responsibilities'”.
“He separated from his partner after 13 years of marriage. The Ex partner falsified
her divorce papers to the Family Court to try to have the 12-month separation date
brought forward. When he told the Family Court the truth, they believed his version
and cancelled her application for divorce until the 12 months had past. This period
started in Feb 2002. Yet the C$A as expected are only too happy to believe the Mother
and assume the date is Sept 2001 His Ex partner and two children resided in WA at
the time of separation and in March 2000 his Ex partner tried to sneak out of the
state and move to NSW. He prevented this through the Family Court until proper contact
orders were drawn up and agreed to by both the children's mother and father. The
consent Orders were properly registered in the Family Court. Prior to this agreement
and still now the C$A have him paying approx $880.00 per month in Child Support.”
“When his children did leave to move to NSW in March 2002 and knowing it was only
two weeks until the Easter holidays when the father could have contact with his
children it was decided that he would fly to NSW for that contact to avoid excessive
travel for the children on this occasion. The contact orders allow for the father
to see the children each school term holiday. He filled in and sent off a request
for change to Child Support as he now had contact costs associated with his children.
These were and are approx. $6000.00 per year mainly comprising airfares. His claim
wasn't excessive and he didn't include phone calls and hotels and car hire even
though he could. He thought he was doing the right thing by his children.”
“The C$A disagreed and wouldn't lower child support even by a small amount, because
they said he couldn't show a past history of visiting the children or them coming
to him in WA. Because of this decision he had could not afford to see his children
for the Easter holidays. When he explained to C$A about the time frames, the C$A
reviewing Officer (Susan Mellor's) said it was unfortunate and she could see that
he did want contact with his children but they wouldn't help. He also explained
he had debts from the marriage and he was spending more each month than making in
income and her answer was he should have had better financial advice prior to separation.
God bless her I wish I had that wisdom and hindsight.”
“After receiving her final and official response to his request for change where
every reason he had asked for had been rejected, he then submitted a report with
the CSA's Objections Unit. (an internal review panel supposedly offering a cost
effective way of delivering a just outcome) It would be laughable thinking that
justice will be served by an internal CSA Objection Review process if the result
of their deliberations were not so tragic.”
“Self regulation rarely works and in this instance it is unlikely to deliver justice
for those who are forced to operate under the CSA mandate. Work colleagues would
be naturally reluctant to find other colleague's decisions biased or lacking in
informed judgement. The objection took over 90 days to deliver a decision that amounted
to bad luck and we look forward to seeing you go bankrupt.Through his last two reviews
with the C$A, they say they make their decisions based on evidence before them.
Both times they send off to the Mother asking for her input and each time she fails
to even bother to reply, but somehow through government supported legislation they
always find some reason to not decrease the amount of money he pays each month so
that he can afford the travel to see his children.He has also produced court documents
showing he has his children for approximately 11 weeks of the year and even still
they fail to believe he has any contact, as he hasn't shown enough past history.
In the very near future he will have his children for 4 weeks of the Christmas holiday
period. For this pleasure he is still required to pay the Mother the full $880.00
for this month. But yet still cover all expenses of gaining contact and supporting
the children over this month.”
“As he says, it makes it so hard to have a happy Christmas but we all manage to
always smile for the sake of our children.CSA make suggestions that if he works
overtime and he would certainly like to so to assist with paying for his children's
airfares and to be able to provide for things when he does have contact with his
children and get out of debt. Yet, if he does, the tax man takes his cut, C4A takes
theirs and not much left in the wallet after all of that. So he keeps going further
and further into debt and is now on the verge on Bankruptcy and quitting his job
and then looking towards Social Security payments. All this with the blessing of
the C$A. There have been many studies conducted into the cost of raising children
and these come up with figures like $384.00 per month for one child and a certain
amount for two and yet in some miraculous way the amount that is required to support
and raise children rises to unsustainable levels under the child support formula.”
“After 13 years on Oberon Submarines he has seen and experienced many things, but
nothing compares to the hardship that is placed upon people like himself and thousands
of others all around Australia and what appears to have the full support of most
of our elected Members of Parliament. He has never seen a more protected and uncaring
group of people until he came in contact with the Child Support Agency. When looking
back now on his past and holding the Australian Service Medal he was awarded, he
wonders just what he was protecting while on a Submarine. He truly hopes it was
not these laws and this legislation that C$A uses to control and exchange maximum
payments from one party to the other as if money was their only interest.”
And for another example of how the government treats its soldiers, take a look at
a recent judgement in the Federal Magistrates Service:
E&R(2003)FMCAfam55 which can be found under New Judgements at their website www.fms.gov.au
This soldier lost his bid to stop his ex-wife moving with the children to Darwin.
The FMS saw fit to deny him what many would regard as any significant relationship
with his children, and to create a situation where any contact would be enormously
expensive, all because the mother declared she wouldn't be happy in Sydney. The
Federal Magistrates Service has totally failed to differentiate itself from the
Family Court. The poor quality of its judgements are now up on line for all to see.
It goes without saying that the last thing the beleagured taxpayers of Australia
needed was a replica of the Family Court, but that's what they've got, at the cost
of many tens of millions of dollars. The FMS is a failed experiment and is already
in urgent need of reform or abolition.
";"Child Support Agencies were first created by the Bolsheviks after the Russian
revolution of 1917 as a way of funding the Bolshevik attack on the nuclear family.
The Bolsheviks regarded the family as a fundamental unit of capitalism to be destroyed.
The Ru"; "14";"pas";"The Parental Alienation Syndrome: An Analysis of Sixteen Selected
Cases";"JOURNAL OF DIVORCE & REMARRIAGE, Vol. 21, p 21-38";"1994-01-01";"John Dunne
& Marsha Hedrick";;"ABSTRACT.
This study analyzed sixteen cases which appeared to meet Dr. Richard Gardner's criteria
for parental alienation syndrome as set forth in his 1987 book. These cases showed
a wide diversity of characteristics but Gardner's criteria were useful in differentiating
these cases from other post-divorce difficulties. Traditional interventions were
ineffective in altering the alienation.
Gardner (1985) has described cases of intense rejection of a parent by children
after divorce which he referred to as “parental alienation syndrome” (PAS). He
defined this syndrome as a disturbance occurring in children who are preoccupied
with depreciation and criticism of a parent and denigration that is unjustified
and/or exaggerated (Gardner, 1987). He describes these children as “obsessed with
hatred of a parent.”
The “parental alienation syndrome” has rapidly become a focus of controversy within
the mental health and the legal profession. It has been raised, as well as attacked,
in cases involving allegations of domestic violence, parental substance abuse, and
child sexual abuse, often strongly polarizing various mental health professionals
involved in the cases. Advocacy groups for mothers, fathers, and sexual abuse victims
have often been recruited into the conflict.
Very little is described in the literature about children who reject parents following
marital separation. Jacobs (1988)describes a case in which five children rejected
their father, apparently in response to their mother's extreme narcissistic rage.
Wallerstein (1984) noted one child at the ten year follow-up, who rejected her mother,
with whom she was living, after her father's attempt to change custody failed. Fidler
(1988) also noted one case of a child who refused to see the noncustodial parent
among the sample of 76 children referred to a family court clinic.
More common in the literature is the failure to mention a child's rejection of a
parent as one of the outcomes of divorce. Pearson and Thoennes (1990) noted a relatively
high frequency of no or sporadic overnight visits with a non-residential parent.
In 40% of the maternal sole custody and 30% of the paternal sole custody, the children
had no overnight visits with a non-residential parent. In joint legal custody, 7%
of the children living with their mothers and 20% of the children living with their
fathers reported no overnights with the other parent. Although this is a relatively
high frequency, the authors made no mention of the children's attitudes about their
parents or the reason for no visits. Kalter et al. (1989) did not report any cases
of the child rejecting a parent in their sample of 56 recruited pairs of children
and mothers. Similarly, Oppenheimer et al. (1990) noted no cases in their sample
of 46 elementary aged children, all living with their mothers, who rejected either
parent. Review articles by Zaslow (1988) and by Heatherington et at. (1989) make
no reference to parent alienation or to children rejecting a parent as an outcome
following divorce.
Rather than specifically identifying children's rejection of a parent, several authors
made reference to difficulties arising when a child aligns with a parent or attempts
to step into the role of protecting a vulnerable parent. For example, Johnston et
at. (1989) noted that large numbers of children attempt to align with one or both
angry parents which simultaneously helps the child feel more important and more
vulnerable. They indicated that the “typical” response of an older child was to
be negative toward the other parent to some degree and to perhaps reject that parent
or refuse to visit. In another paper, Johnston and her colleagues (Johnston et al.
1987) noted a tendency of children to become protective toward a fragile parent,
the frequency of role reversals, and a tendency to take responsibility in the parental
disputes. Jacobs (1988) and Wallerstein (1985) refer to the intense rage of the
narcissistically injured parent as being critical in the child's attitudes about
the other parent. Wallerstein also refers to the pathological dependence of a parent
on a child to protect against feelings of loss as being important in the child's
emerging need to protect that parent from intolerable feelings. Oppenheimer and
colleagues (1990) concluded that the child's perceptions of parental attitudes and
their own beliefs about the divorce have a significant influence on their post-separation
adjustment, presumably also including the degree of hostility they felt toward one
or both parents.
The authors have been unable to locate any studies systematically analyzing the
children and their families when one or more of the children in the family have
rejected a parent after divorce. Such an analysis would be a necessary first step
in attempting to validate Gardner's “parental alienation syndrome” and his hypothesis
about etiology. This study was undertaken to explore characteristics of cases which
appeared to meet Gardner's criteria, to search for commonalities among the cases,
and to alert mental health professional to this infrequent but serious outcome in
children after divorce.
All cases presented here were referred to one or both of the authors for forensic
evaluation or treatment of a seemingly intractable situation, Cases were selected
for the study on the basis of at least one child in the family having intensely
rejected one of the parents on the basis of trivial or unsubstantiated accusations,
apparently meeting Gardner's criteria for “parental alienation syndrome,” There
was no attempt to match these cases with a control group of children whose parents
had also separated and/or divorced.
METHOD
The sixteen cases in this study were taken from the caseloads of basis that they
met the majority of the criteria set forth by Gardner, (1985, 1987), in his description
of the parental alienation syndrome. Those criteria are as follows.
Child is preoccupied with depreciation and criticism of the parent that is unjustified
and/or exaggerated.
Conscious, subconscious, and unconscious factors within the alienating parent contribute
to the child's alienation from the other.
Denigration of the parent has the quality of a litany, a rehearsed quality. There
is phraseology not usually used by the child.
Child justifies the alienation with memories of minor altercations experienced in
die relationship with the parent which are trivial and which most children would
have forgotten. When asked, the children are unable to give more compelling reasons.
The alienating parent will concur with the children and support their belief that
these reasons justify the alienation.
Hatred of the parent is most incense when the alienating parent and the child are
in the presence of the alienated parent. However, when the child is alone with the
alienated parent, the child may exhibit hatred, neutrality, or expressions of affection.
If the child begins to enjoy him/herself with the alienated parent, there may be
episodes of “stiffening up” and resuming withdrawal and animosity, as though they
have done something wrong. Alternatively, the child may ask the alienated parent
not to reveal his/her affection to the other parent.
The degree of animosity in the child's behavior and verbalizations may vary with
the degree of proximity to the alienating parent.
Hatred of the parent often extends to include die alienated parent's extended family,
with even less justification by the child.
The alienating parent is generally unconcerned with the psychological effects on
the child of the rejection of parent and extended family.
The child's hatred of the alienated parent is often impervious to evidence which
contradicts his/her position.
The child's position seemingly lacks ambivalence. The alienated parent is “all
bad,” the alienating parent is “all good.”
The child is apt to exhibit a guiltless disregard for the feelings of the alienated
parent.
The child fears the loss of the love of the alienating parent.
By choosing cases which met the majority of these criteria, the authors were selecting
for situations which embodied severe parental alienation, rather than the more common
and more moderate instances of loyalty conflicts which are widely evident in the
children of conflictual divorcing parents.
In an effort to better understand the sub-population of divorcing families who manifest
an alienation of one parent, these cases were analyzed and data obtained regarding
the following variables:
length of the relationship or marriage prior to separation.
the age of the children at separation.
the length of time' between separation and the onset of the alienation.
the number of children in each family constellation who exhibited the dynamic.
the sex of the alienating parent.
the sex of the children.
the effectiveness of various interventions in remedying the alienation.
Case #1
A had just turned six years old when she was referred for treatment by her Guardian
Ad Litem. She was an only child from the father's second marriage and the mother's
first marriage. She attended the first grade at a private school for gifted children
and seemed to get along well with peers.
The parents had separated one and a half years prior to the referral for treatment,
initially the parents agreed that A would live with her mother and be with her father
on alternate weekends from Saturday morning until Sunday evening, as well as holiday
and vacation time. However, A almost immediately became resistant to leaving her
mother and going with her father. At times the father had to pick her up and carry
her to the car kicking and screaming. These difficulties paralleled an increase
in the mother's accusations about the father's harassment and alcohol abuse. There
were several court attempts to increasingly supervise the contacts between the parents
and the visitation time with the father. Eventually, each of the parents was ordered
into individual therapy, as was A. In addition, a GAL was appointed and a supervisor
for the visitations was assigned.
None of these efforts seemed to alter the progressive rejection of the father by
A in clinical sessions. She was initially guarded and resistant, her affect flat
and joyless. It was reported by the supervisor that during her visits with her father
she was relaxed and playful, although she seemed to most enjoy spending time with
her father's live-in girlfriend. However, when it came time to return to her mother,
she became quite panicked aid insisted on taking off any makeup or clothes that
might indicate that she had had fun at her father's. When she returned to her mother,
she consistently complained about each visit. Her play themes in therapy excluded
any reference to men or fathers.
A's mother was a forty-two year old medical professional who had not worked since
A's birth. She was supported by a large stipend from her ex-husband and devoted
all her energies to A. She claimed that A became very upset whenever she talked
about the possibility of going back to work and used this as a rationalization for
not returning to work. Despite her intense hostility and her many accusations toward
the father, the mother confided that she continued to love him and was quite jealous
of the father's new relationship. She insisted that A have nothing to do with the
father's girlfriend and forbade the therapist to talk with the girlfriend. This
mother viewed her daughter as unique and special, frequently insisting on special
treatment or considerations. She had no insight into her role in alienating her
daughter from her father and blamed everything on the father's aberrant behavior.
The father was a well-paid physician and accomplished outdoorsman who was highly
thought of in both his profession and avocation. Although very angered by his ex-wife's
accusations, he tended to respond passively and did not want to challenge her directly
At times, however, his anger would erupt during confrontations by her. He saw his
ex-wife as obsessed with their daughter and deluded by her own fantasies. He described
his daughter as having two personalities, one when she was under the influence of
her mother, when she acted like an extension of her mother's ego, and another when
she was with him, a happy and playful child. At one point the father was allowed
to take his daughter on an extended vacation where they reportedly had a very good
time together. However, difficulties re-emerged immediately upon the daughter returning
to her mother's home.
Two years after the separation and with no progress evident despite treatment for
all three individuals, the father agreed to have no further contact with his daughter.
This was viewed as preferable to continuing the conflict which appeared to have
no resolution for her. He continued to make voluntary contributions to a trust fund
for her and sent her letters occasionally, which he hoped she would mad after she
became an adult.
Case #2
F was a twelve year old girl and G a ten year old boy at the time of this evaluation.
They had been placed together in foster care following their detailed descriptions
of sexual and physical abuse by their father and physical abuse by their step-mother,
with whom they primarily resided. Despite the children's statements and wishes,
the court did not place them with the mother because of allegations that she had
instigated their statements against the father. The children had only supervised
contact with both parents during this evaluation.
The mother had initiated the marital separation six years prior and the father had
resisted the divorce. Following the separation, the mother made accusations of physical
abuse of herself by the father and on the day prior to the commencement of the divorce
trial, the mother made allegations of sexual abuse of the children by the father.
The trial was postponed and several professionals evaluated the children. Those
evaluations substantiated that the daughter had been sexually abused by the mother's
boyfriend's (now husband's) son but did not substantiate sexual abuse by the father.
The custody of the children was subsequently awarded to the father. A year following
the divorce, the mother made another report to CPS alleging physical abuse and possible
sexual abuse of the children by the father. After investigation the allegations
were dismissed as unsubstantiated. One year later the mother attempted to modify
custody but this request was denied. in the same year, approximately three years
after the separation, both parents remarried and all four parties were ordered to
participate together in an attempt at counseling.
Approximately one year after the counseling, the daughter was interviewed by a CPS
worker after she reported to her school that she was afraid to return to her father's
home following a weekend visitation with the mother. After investigation, the case
was again closed. Two months later, during a visit with their mother, the children
made die statements to neighbors and later to the CPS caseworker which prompted
this evaluation with one of the authors.
Psychological testing of the mother produced clinical scares elevated beyond the
normal range. The clinical pattern suggested that she was immature, narcissistic,
self-indulgent as well as passive-dependent. The testing also suggested that she
was likely to be suspicious of the motivations of others, avoidant of deep emotional
involvement, angry, argumentative, stubborn, and prone to externalization. Psychological
testing of the father was not elevated beyond die normal range. His normal range
profile suggested that he was apt to be naive, hopeful, optimistic, and suggestible
with a persistent need to be liked by others and a tendency to avoid confrontation
and negativity. There was also some evidence of insecurity, feelings of inadequacy,
and a tendency to anticipate rejection. Because the allegations involved the father's
current wife, she was also evaluated. She was found to be an exceptionally well-functioning
individual.
The father's childhood history was benign and he enjoyed a good relationship with
his parents as an adult. However, the mother's history included a very disturbed
relationship with her own parents and considerable parental dysfunction during her
childhood.
At the time of the evaluation, the mother was a fulltime homemaker, with one child
front her second marriage at home. She volunteered at an abused women's shelter
and through this activity had a wide circle of friends who offered her considerable
support. The father and step-mother were both postal workers who were pursuing educational
goals on a part time basis, were active in the schools, and well-regarded by neighbors.
They had voluntarily sought counseling for the family several months prior to the
allegations because of the degree of conflict between the two households and the
effect of that on the children.
Although the children initially made detailed statements about physical and sexual
abuse to professionals, during this evaluation their statements were very general
and contradictory of earlier statements. Both children exhibited much more affect
and energy around statements having to do with the divorce conflict than with abuse,
i.e., child support issues and values about living in urban rather than rural areas.
Their “memories” of various events appeared to be highly contaminated by their
mother's issues and perceptions.
This evaluation failed to substantiate abuse of the children by the father or the
step-mother and implicated the mother in excessively influencing the children's
statements against the father. Following a trial, the judge returned the children
to their father's home. The mother's contact with the children was temporarily suspended
while the children were reinvolved with the therapist with whom they had previously
been in counseling. The mother was then asked to initiate gradual contact with the
children through the therapist via letters and phone calls. However, after a brief
time, the mother moved out of the state and did not follow through with supervised
contact. The children have had no contact with their mother for more than one year.
Their therapist reports that their overall functioning is much better than prior
to the allegations, although both children have difficulty understanding their mother's
failure to maintain contact with them. Their therapist has described the children's
fabrications of abuse as an attempt on their part to consolidate a very tenuous
relationship with their mother. She felt it was made clear to the children that
acceptance by their mother was contingent upon rejection of the father and they
appeared willing to sacrifice a very secure relationship with the father and step-mother
in order to resolve the issue of their mother's commitment to them.
Case #3
This case involved a girl, M. who was two years, six months at the time of the evaluation.
There had been a long series of allegations by the mother toward the father beginning
in the early months of the pregnancy. The most recent of these allegations was that
the father was sexually abusing the child during the limited visits that the child
had with the father at the paternal grandparents' home. CPS had been involved twice
and made a preliminary conclusion that sexual abuse was probable based on the child's
statement that “daddy hurt my butt.”
The father was a 24 year old blue-collar worker whose work often necessitated that
lie be out of town for three to four months at a time. Both clinical evaluation
and psychological testing suggested a somewhat immature, narcissistic, and impulsive
young man. He viewed Iris ex-wife as deceitful, unpredictable, and emotionally volatile.
Although he had had two DWI's, he tended to minimize his drinking pattern and deny
that Ire had a problem. A detailed psychosexual history was essentially unremarkable.
He had dated relatively infrequently and tended to be attracted to women for superficial
attributes. His involvement with M's mother was his first serious relationship.
There was no history of sexually inappropriate behavior.
The mother was a 24 year old woman who had worked occasionally as a clerical worker.
At the time of the evaluation she lived with her parents, who supplemented the child
support payments and funded her protracted legal battle with her ex-husband. The
mother's family was dominated by the maternal grandmother from whom the mother had
never emancipated. Psychological testing and clinical interview suggested a person
with strong narcissistic, histrionic, and dependent traits. She appeared willing
to exploit others without regard to their feelings. She had a long history of avoiding
disapproval by deflecting blame to others. The extensive legal file seemed to document
her willingness to fabricate data to prevent her daughter from visiting her father.
Many of her allegations had some element of truth but always represented the worst
possible interpretation of her ex-husband's behavior or character. A few months
before the allegations about sexual abuse, the mother had called the local police
department, and discovered there was an outstanding warrant for the father because
he had failed to show for a summons on a DWI. She waited until the father had made
arrangements to pick up their daughter for a visit, notified the local police, and
arranged to have him arrested as he appeared for the visit.
M had a history of constipation following her visits with her father. Several hours
after her return from one visit, and after having played in a wading pool with several
other children, M was noticed to have several abrasions on her back. Later that
same day, she was described as having a purplish protrusion of her anus at which
time M stated that her father “hurt my butt.” Subsequent evaluation by a pediatrician
trained in sexual abuse issues was ambiguous. However, a later colposcopic exam
of the anus showed multiple angulations, suggestive of repealed anal penetration,
but also occurring frequently in children without a history of anal penetration.
A thorough psychiatric evaluation of this family concluded that there was evidence
of parental alienation syndrome and did not substantiate the likelihood of sexual
abuse.
M was referred to an experienced female child therapist. M subsequently revealed
in more detail that the father had poked her in the anus with his finger an several
occasions when he was in his bedroom at the grandparents' home. However, M gave
a different description on re-evaluation with the original evaluator. She had no
signs of sexualized behavior and in all other ways her development was progressing
normally. She seemed acutely aware of her mother's dislike of her father. It was
concluded that this case represented parental alienation syndrome.
Case #4
C was a sixteen year old girl, D a twelve year old boy, and E a nine year old girl
at the time of the evaluation which occurred a year and a half after the marital
separation. All three children were refusing to have any contact with their father
and had not seen him for over a year at the time of the evaluation.
Prior to the separation. the children spent extensive time with other caretakers
because of their parents' strenuous work schedules. There was evidence of poor supervision
and lack of involvement by both parents during that time. However, all three children
had been very attached to their father by all reports. The father initiated the
separation after sixteen years of marriage because he had become involved with a
woman with whom he worked. The mother was distraught over the separation and experienced
a brief episode of psychotic depression characterized by delusions, memory loss,
and disorientation. She then precipitously moved the children to another town several
hours from the father. The children saw their father for several months after the
separation on brief visits. However, when it became apparent that he would not return
to the household and was seeing the woman with whom he had become involved, all
three children eventually refused to have contact with him.
The mother seemed unable to differentiate the father's unwillingness to continue
their relationship from his desire to continue to parent the children. She repeatedly
referred to her husband's “abandonment of the family” and had conducted a “burial
ceremony” during which she and the children symbolically buried the father so that
the “new family,” which did not include the father, could move forward.
After repeatedly being frustrated in his attempt to make contact with the children,
the father initiated an evaluation through Family Court. At the time of the evaluation,
D had gained 80 pounds since the separation and was now 100% over his optimal weight.
The mother explained the children's decision to have no contact with their father
as resulting from their being in Catholic schools and therefore intolerant of the
idea of divorce. She contended that she had encouraged the children to see their
father but to no avail. However, information from neighbors and letters written
by her to the father strongly suggested that she was motivated to sever the children's
contact with the father and quite vociferous regarding her animosity towards him
in their presence.
Psychological testing suggested that the father relied on denial for dealing with
conflict, was somewhat oversensitive in interpersonal relationships, but otherwise
outgoing and sociable. There was also the suggestion of some narcissism in his dealings
with others. The mother's psychological testing was invalidated by considerable
defensiveness characteristic of individuals who deny psychological problems, are
unsophisticated psychologically, and who claim excessive virtue. The testing also
suggested that she was apt to be inflexible, unrealistic. and very needful of being
seen by others in a positive light.
The evaluation concluded that it was the mother's inability to differentiate her
own needs from those of the children that had led to the children's alienation from
their father. The evaluator recommended that the custody of D and E be immediately
and temporarily changed to the father for two months while the mother sought therapy
for herself and C. However, the court denied that recommendation but did order visitations
to begin immediately for all three children. Only after several months delay did
the children begin therapy and brief visits with their father. Following several
more months of therapy and contact with the father only during the therapy sessions,
D asked to stay over night with his father. The mother reacted with rage, as though
D had betrayed her. However, with the support of his counselor and father, 13 was
able to follow through on his wish to spend alternate weekends with his father.
C, however, continued to refuse to have any contact with her father and E continued
to have only brief daytime visits on alternate weekends. The mother found her son's
proactive relationship with his father intolerable and within nine months sent him
to live with the father claiming D had become abusive and unmanageable.
RESULTS
In fourteen of the sixteen cases in this study, the mother had primary custody and
was the alienating parent. In one case, the non-custodial mother was the alienating
parent and in one case, the non-custodial father was the alienating parent.
There were a total of 26 children (14 girls and 12 boys) in these 16 families and
21 of the 26 children appeared to be involved in the alienation dynamic with a parent.
Twelve of the alienated children were female and nine were male.
The length of the marriage prior to final separation was tabulated. In two of the
cases, there was no marriage and in three more cases the marriages lasted less than
six months. One marriage ended after four years, six had survived between five and
ten years, and four had lasted between eleven and fifteen years.
The ages of the alienated children at the time of parental separation ranged from
in utero (four cases) to fourteen years of age and appeared evenly distributed across
age brackets.
The cases were analyzed to determine the approximate amount of time between the
separation and the onset of alienation, as determined by the clinician retrospectively.
In five of the cases, onset appeared to be coincident with the separation. In two
of the cases, alienation appeared within six months after separation. In four more
cases, the alienation became apparent from one to two years after separation. In
the final four cases, the alienation occurred between three and six years after
separation.
In looking at interventions to deal with the alienation from a parent, a wide range
of both legal and clinical processes were identified. In three of the cases, a change
of custody away from the alienating parent or a strict limitation of that parent's
contact with the child(ren) was implemented by the court system. In all three cases,
this was successful in eradicating the alienation. There were no cases in which
a change of custody occurred but the alienation continued. In the other thirteen
cases, various interventions were tried, ranging from therapy for each of the parents
individually, therapy for the parents together, therapy for the children with the
alienated parent, therapy fur the children with the alienating parent, and the assignment
of a Guardian Ad Litem to the case. In two of these cases, the children were evaluated
as having experienced “some” or “minimal” improvement in their relationship
with the alienated parent. In the other eleven cases, there was no improvement and
in two of these cases, the alienation was evaluated as “worse” after these interventions.
DISCUSSION
These cases exemplify the wide diversity and complex nature of the “parental alienation
syndrome” as it is played out in parental access disputes. In contrast to Gardner's
(1985, 1987, 1992) anecdotal description of cases, this study attempted to analyze
the salient characteristics of selected cases meeting Gardner's criteria for parental
alienation. These cases suggest that the syndrome can occur without reference to
the length of the relationship prior to separation, can occur immediately following
separation, or not until many years after the divorce. It can occur in very young
children as well as with teens who have previously enjoyed a lengthy and positive
post-divorce relationship with the alienated parent. It can involve all children
in the family constellation or only one of the children. The alienating parent is
most often the custodial mother but alienation by non-custodial fathers or mothers
was also observed.
Then was a wide range in the severity of symptoms of PAS. It may be true that some
elements of PAS are present to some degree in a majority of divorcing families.
Our findings are consistent with those of Johnston et al. (1989) in that all of
our cases were entrenched in intense post-divorce conflicts. As such they may represent
a severe form of a psychological response common in the children of divorcing parents
and may not deserve to be classified as a distinct syndrome,
Jacobs (1988) and Wallerstein (1985) refer to narcissistic injury as the motivating
force for the alienating parent. Jacobs (1988) also suggests a form of “sibling
rivalry” between the divorcing parents for the control and love of the child and
Wallerstein (1985) suggests a pathological dependence of a parent on the child to
protect against feelings of loss as another underlying dynamic. This is supported
by the observations in this study that all of the alienating parents experience
intense dysphoric feelings which they blamed on their former spouses. Predominantly
the alienating parents experienced intense narcissistic injuries. However, issues
of “sibling rivalry” and pathological defense against feelings of loss were also
present in at least some of the alienating parents. In some cases, more than one
motivating factor appeared to be involved. It should be underscored, however, that
these motivations are often strikingly out of the consciousness of the alienating
parent, many of whom were adept at coloring their motivations and behaviors in socially
acceptable ways to themselves as well as to professionals.
Contrary to what might easily be assumed by professionals, this study suggests that
PAS does not necessarily signify dysfunction in either the alienated parent or in
the relationship between that parent and child. PAS appears to be primarily a Function
of the pathology of the alienating parent and that parent's relationship with the
children. Children are apt to be susceptible to alienation when they perceive that
the alienating parent's emotional survival or the survival of their relationship
with the alienating parent is dependent upon the child's rejection of the other
parent. This is consistent with the finding of Johnston et al. (1987) in which they
noted a tendency for children to be protective toward a fragile parent when the
parents were entrenched in disputes over custody and access.
Efforts to evaluate these issues based on complaints by the child or one parent
are generally fruitless. Assessment of the entire family dynamics, with an awareness
of Gardner's descriptions of parental alienation, appears useful in understanding
these complaints and differentiating them from alienation resulting from cases of
abuse or other deficits in the alienated parent and his/her relationship with the
children.
This study also suggests that traditional therapies and interventions are not successful
in rehabilitating children affected by this syndrome. Although the courts have been
reluctant to take drastic action, especially when this is contrary to a child's
explicit wishes, in this study only a change in custody to tile alienated parent
was successful in remedying tile alienation. It should be noted, however, that in
two of the cases in this study in which the court was willing to take this step,
and one case hi which a change of custody occurred voluntarily, the children eventually
had little contact with the alienating parent. This suggests that the PAS dynamic
may be so toxic that a relationship with both parents may not be possible, or in
the child's best interests, in cases of severe alienation. Each case must be evaluated
on its own merits and the identification of a parental alienation syndrome is not
sufficient, in and of itself, to justify changes in custody. Full evaluation of
a child's situation and relative parental strengths and weaknesses may identify
instances when it is in the best interest of tile child to remain with the alienating
parent and to have little or no contact with the alienated parent in order to reduce
the effects of continued conflict on the child.
Although the “parental alienation syndrome” was only first described in 1985 (Gardner,
1985), the question arises as to whether PAS has always been evident in the divorcing
population, but unrecognized, or whether it is a recent phenomenon, perhaps increasing
in prevalence. Although this study did not address this question, it is possible
that both may be true. With social changes creating parity between parents in the
eyes of the court, a mother's traditional role with her children may be undermined.
This may be perceived by the mother as a considerable psychological threat which
can only be dealt with by developing a pathological alliance with the child.
Professionals who work with the divorcing population, either as therapists, or evaluators,
need to be aware of the symptoms of PAS and the difficulties that these cases present
for the families and for the court system. A failure to appropriately identify and
intervene in the early stages of these cases may result in the alienating parent
being given professional support for his/her position, reinforcing the child's need
to maintain or expand complaints about the alienated parent. This has the capacity
to more firmly entrench the syndrome and to enhance the severity of the dynamics.
Further study is necessary to assess the prevalence, the range of severity, the
effect on development, and the longterm outcome for children who remain alienated
from one of their parents. As this study suggests, very little is known about what
interventions would allow a child to have functional relationships with both parents
in such highly polarized cases. It is the obvious hope that this study would prompt
others to systematically evaluate series of cases, perhaps clarifying the etiology
and evolution of the syndrome. Moreover, larger populations of divorcing families
need to be examined for the prevalence of partial or complete alienation of a child
from a parent. Retrospective studies of adults who have remained alienated throughout
their childhood development may also be useful in understanding this syndrome and
its consequences.
REFERENCES
1. Fidler, B.J., Ph.D., & E.B. Saunders, Ed D. (1988). Children's adjustment during
custody/access disputes: Relation to custody arrangements, gender and age of child.
Canadian Journal of Psychiatry, 33(6), 517-523.
2. Gardner, R.A. (1985). Recent trends in divorce and custody litigation. Academy
Forum, 29 (2), 3-7.
3. Gardner, R.A. (1987). The parental alienation syndrome and the differentiation
between fabricated and genuine sexual abuse. Creative Therapeutics, Cresskill, N.J.
4. Heatherington, M., M. Stanley-Hagan. & E.R. Anderson (1989). Marital transitions:
A child's perspective. American Psychologist, 44(2), 303-312
5. Jacobs, J.E., M.D. (1988). Euripides medea: A psychodynamic model of severe divorce
pathology. American Journal of Psychotherapy, 42(2), 308-319.
6. Johnston, J.R., R. Gonzales, & L.G. Campbell. (1987). Ongoing post divorce conflict
and child disturbance. Journal of Abnormal Child Psychology, 15(4), 493-509.
7. Johnston, J.R., M. Kline, & J.M. Tschann. (1989). Ongoing divorce conflict: :
Effects on children of joint custody and frequent access. American Journal of Orthopsychiatry,
59 (4), 576-592.
8. Kalter, N., Ph.D. (1989). Long-term effects of divorce on children: A developmental
vulnerability model. American Journal of Orthopsychiatry, 57 (4), 587-600.
9. Oppenheimer, K., Ph.D., R.J. Primz, Ph.D., & B.S. Bella. (1990). Determinant
of adjustment for children of divorcing parents. Family Medicine, 22(2), 107-111.
10. Pearson, J. & N. Thoennes. (1990). Custody after divorce: Demographic and attitudinal
patterns. American Journal of Orthopsychiatry, 60 (2), 233-249.
11. Wallerstein, J.S., Ph.D. (1984). Children of divorce: Preliminary report of
a ten year follow-up of young children. American Journal of Orthopsychiatry, 54(3),
444-458.
12. Wallerstein, J.S., Ph.D. (1985). Children of divorce: Emerging trends. Psychiatric
Clinics of North America, 8 (4), 837-873.
13. Zaslow. M.J., Ph.D. (1988). Sex differences in children's response to parental
divorce: Research methodology and post-divorce family forums. American Journal of
Orthopsychiatry, 58 (3), 355-378.
AUTHORS
John Dunne, MD, is a psychiatrist in private practice in the Seattle area specializing
in the evaluation and treatment of parents and children. Marsha Hedrick is a clinical
psychologist in private practice in Seattle specializing in forensic evaluations
of adults and children.
The authors wish to thank Janis P. Mayberry, PhD, for her assistance in analyzing
cases contributed by her for this study. The editor wishes to acknowledge Dr. Richard
Gardner's review of this manuscript.
Address correspondence to: 216 1st Avenue South #333, Seattle, WA 98104.
Journal of Divorce & Remarriage, Vol. 2(3/4) 1994 by the Haworth Press Inc. All
rights reserved.
";"ABSTRACT.
This study analyzed sixteen cases which appeared to meet Dr. Richard Gardner's criteria
for parental alienation syndrome as set forth in his 1987 book. These cases showed
a wide diversity of characteristics but Gardner's criteria"; "15";"pas";"Alienation
Revisited - “Difficult Clients: Profiles and Programs“";"Third National Family
Court Conference, Melbourne";"1998-10-21";"Paul Lodge";;"SYNOPSIS.
A child’s attachment to a parent is a naturally occurring process that has evolved
to meet the basic human needs of the child including survival and developmental
needs. Unsurprisingly it is remarkably resistant to parental inadequacies and intrusions.
Despite the robust nature of the attachment process, a mounting body of evidence
suggests that when one parent enlists a child in battle against the other parent
the attachment process can be reversed - at considerable cost to the child. This
process, first identified by Gardner in 1985, is commonly described as “parental
alienation” or in severe cases “Parental Alienation Syndrome”.(1)
Unlike attachment theory, which is underpinned by a forty year history of systematic
research, (Ainsworth et al) the organised study of parental alienation is comparatively
new and controversial.
Nevertheless the notion of alienation is a pervasive presence in counselling rooms
and court rooms and, in it’s severest manifestations, often defies the best efforts
and intentions of both.
It is therefore relevant and arguably imperative that the phenomena receives our
concentrated attention as a field of study. Consideration might also be given to
the development of programmes and interventions that specifically address it’s many
and various manifestations in the Family Court.
THEORY AND DEFINITION.
According to Gardner PAS is “a disturbance in the child who, in the context of divorce,
becomes preoccupied with deprecation and criticism of one parent, which denigration
is either unjustified and/or exaggerated. PAS arises primarily from a combination
of parental influence and the child’s active contributions to the campaign of denigration”.
In describing PAS as a syndrome he considers that a cluster of symptoms can be identified
- most or all of which must be observed to justify the diagnosis. The eight “symptoms”
are:
The child is aligned with the alienating parent in a campaign of denigration against
the target parent , with the child making active contributions.
Rationalisations for deprecating the target parent are often weak, frivolous or
absurd.
Animosity toward the rejected parent lacks the ambivalence normal to human relationships.
The child asserts that the decision to reject the target parent is his or her own,
what Gardner calls the “independent thinker” phenomena.
The child expresses guiltless disregard for the feelings of the target parent.
Borrowed scenarios are present ie. the child’s statements reflect the themes and
terminology of the alienating parent.
Animosity is spread to the extended family and others associated with the hated
parent.
Whilst Gardner’s “typology” is a useful evaluative tool it is probably best used
as a guide to analysis and judgement. How many of these features must be present
to establish the syndrome remains an unanswered question - confounded further by
the suggestion that PAS operates on a continuum from mild to severe. Exactly where
the cut off point between mild/severe alienation to full blown PAS is not clear.
As with most prescribed classification systems the danger is that it can be used
inflexibly thus including or excluding families from appropriate interventions on
a superficial numerical basis. This is probably more of a comment on the hazards
of evaluation in a very complex area than on Gardner’s typology.
In practice a problematic issue with the use of the notion of a syndrome or typology
is that it is tempting to supplement it for thorough analysis of a process that
thrives on obfuscation.
In the language used there is a fairly dramatic intensity that suggests that the
most florid presentations are a primarily characteristic of PAS. Clinical experience
suggests that behaviours that could not be described as a “campaign of denigration”
can be very destructive but might not have a dramatic quality. The extent and variety
of such behaviours is unlimited and context specific.
THE INCIDENCE OF PARENTAL ALIENATION SYNDROME.
Processes akin to Parental Alienation seem to occur as a feature of most destructive
conflicts. Campaigns of misinformation, disinformation and the cultivation of alliances
can be seen in conflicts between countries, in industrial conflicts, in neighbour
conflicts and in the schoolyard.
It is not surprising therefore that several commentators have found that the process
is widespread amongst the separating population. (Gardner, Clavar and Rivkin) -
particularly given the intense emotions generated by family breakdown. Gardner himself
claims its existence in “the majority” of custody disputes. Clavar and Rivkin, in
a twelve year study of 130 children and families, identified “parental programming”
to varying degrees in eighty per cent of their subjects.
The suggestion of a significantly raised incidence of frivolous abuse allegations
in Family Court proceedings also has some support. The research unit of The Association
of Family and Conciliation Courts (USA) found that sexual abuse allegations in Family
Court type proceedings were valid only fifty percent of the time. The Office of
Child Abuse Prevention (USA) revised their manual for mandated reporting to include
a section on false allegations in which the coaching of children during custody
disputes is described as a major problem.
In this setting the perceived need to include in orders injunctions against a parent
discussing materiel that reflects negatively on the other parent is common enough
- indicating that we are conscious of the problem even if parental alienation is
not always named as such.
Allegations of “brainwashing” are also frequent in family report evaluations and
conciliation counselling - often in defence of allegations of poor parenting up
to and including abuse. Distinguishing between fact and fiction for the purpose
of family reports and other evaluative processes is a most challenging task requiring
comprehensive and objective analysis.
It is noticeable that the above findings rarely make a distinction between parental
alienation as an common consequence of high conflict and the PAS as described by
Gardner. Making this distinction is critical as PAS may require strong interventions
- sometimes including removal of the child from the alienating influence. It could
be most destructive to apply the same criteria and remedies to families whose alienation
processes are crisis driven and time limited. This is not to say that even shortlived
attempts to turn a child against a parent are not serious but rather that they are
more receptive to change when parents have the capacity to recover from feelings
of hurt and loss. As will be seen later it is the parent who does not have the innate
capacity for such resolution who features highly in severe alienation scenarios.
SOCIAL CONTEXT OF ALIENATION.
If parental alienation processes (not necessarily PAS) are prevalent in separating
families, in which the residence of and contact with children is a matter of conflict,
it is reasonable to ask why this should be at this time. Possible explanations are
to be found in the current social/legal context.
The shift in emphasis from “the tender years” presumption to the “best interest
of the child” presumption may well be an inadvertent contributor. In simple terms
the former assumed that one parent, commonly the mother’ was naturally the main
caregiver - until recently perhaps considered an unchallengeable proposition . The
best interest presumption opened up the possibility of a range of parenting options
and thus far more contestable parenting issues. Arguably parents in contested children’s
matters now have more to fight about!
Similarly it can be argued that the removal of “fault” from the divorce process
allowed for the displacement of angry hurt feelings onto the only remaining issues
- children and property. It is also suggested that the distinctions between the
“father role” and the “mother role” are for many families now less rigid - perhaps
fostering increased competitiveness in matters of nurturing and child care.
Ironically, society’s increased vigilance with respect to child protection may also
be relevant.
Few social phenomena will generate the degree of moral outrage that accompanies
the physical and sexual abuse of children. While this reaction is totally appropriate,
in the hands of an alienating parent in the midst of family conflict it can be manipulated
to great effect. Society’s vigilance in this regard has been accompanied by other
notions that have important protective functions but which also provide fertile
ground for parental alienation. These might include the unquestioned belief that
children never lie and a reliance on circumstantial behaviours to demonstrate abuse.
More recently the rights of children to have more of a say in matters effecting
their lives has presented Counsellors and Courts with a difficult dilemma. The age
at which children can make informed, mature decisions and resist influence has some
elasticity.
Nevertheless, developmentally, one would expect the average child to be able to
articulate a position a around nine years old - with out necessarily grasping it’s
implications for self and others. Ironically, for the same reasons a child between
nine and twelve approximately is most vulnerable to the alienation process. Counsellors
are often challenged by alienating parents of this age group to accept the child’s
views uncritically because they have “a mind of their own” and a “right” to have
their position heard and acted upon. Gardner refers to this as “the independent
thinker”. Claims of independent thinking in younger age groups should alert evaluators
to the possibility of parental alienation.
The relevance of a social perspective on sensitive issues such as alienation and
child abuse is that we are all influenced by our social context and no doubt have
our own ideas and moral perspective’s. These must be available for analysis to avoid,
as far as is possible, viewing subject families through a particular lens. Supervision
is critical to this process.
PARENTAL ALIENATION AND ITS MANIFESTATIONS.
Over the last two years a group of counsellors at the Sydney Registry have tried
to look more closely at the alienation process as it impacts on children and families.
Having initially set about the task of responding to “intractable contact” cases
in response to the Sidoti enquiry, the Sydney group moved to the premise that intractable
contact and parental alienation were often overlapping phenomena.
This group also responded to the professional dissatisfaction of despatching matters
to “court” when it seemed that approaches experienced in previous settings, such
as family therapy, were potentially effective with “revolving door” matters.
For the most part those families that were identified as exhibiting behaviours suggestive
of alienation were seen as family groups. Because the families were usually seen
as units we were able to observe the alienation processes as they were occurring.
The families seen could all be described as moderate to severe, based on the criteria
that they had all continued with alienation processes, often expressed through intractable
contact issues, despite previous interventions - including legal and counselling
interventions. The failure of previous interventions was suggestive of chronicity.
The following observations are based on this experience and on a review of the relevant
literature. By and large our clinical experiences were consistent with the findings
of the main commentators.
On a cautionary note, while it is possible to identify common trends, we found that
there were also exceptions and that each family presented unique features. Unlike
Gardner (at least in his early work) we found that the process was not necessarily
gender specific; not necessarily the province of the “custodial” parent; and often
subtle (but equally destructive) in terms of behavioural indicators.
Perhaps the most common finding in terms of risk factors is that the manner of the
family breakup and separation is critical. Sudden “unanticipated” separations, especially
involving infidelity, feature highly amongst acknowledged risk factors. The sense
of “betrayal” experienced by the alienating parent is communicated as a betrayal
of the family and the child. While this will be the experience of many separating
families some seem to “recover” at least to the degree that that the child does
not remain in alliance with one parent against the other and contact at least continues.
One also has to look for factors in both the alienating and target parent to assess
the potential for chronic alienation - the object of which is often to punish the
parent perceived as responsible for the family demise by damaging his or her relationship
with a child.
Generally the parent who does not recover from hurt and anger over time will be
already be vulnerable to narcissistic injury and predisposed to “externalising”
or blaming. For the most part individuals who are thus predisposed will themselves
have experienced significant deficits in their own parenting and/or have experienced
significant previous losses that remain unresolved. At times the enmeshment between
the child and the parent derives in the parents sadness and distress and at others
the parent’s anger is too powerful a force for the child to resist.
While one could gain the impression from some of the literature that the alienated
parent is a passive victim, our experience has been that this is an oversimplification.
The scenario in which a “toxic” parent turns a child against an unambiguously “good’
parent is comparatively rare. In my view, more often than is recorded, there is
usually some mutuality in the alienating process.
One can readily see how this can occur. Rarely for example, is the separation process
free of innocent parties with respect to angry, out of control behaviours. The probable
difference is that an alienating parent will strive to keep the angry behaviours
“alive” in the childs mind and/ or embellish them. In some instances such behaviours
become part of the family legend to be revived at strategic moments. It is as if
the alienating parent is keeping an imaginary photo album - selecting and adding
those “snaps” that that show the other parent in the worst possible light.
It is also likely that the target parent will demonstrate behaviours, perhaps borne
of frustration and /or sadness, that that can be readily added to the album. In
some instances this will involve retreat and avoidance which is translated as abandonment
and is presented as such to the child.
In others the constant fighting and bickering will produce ample behavioural evidence
that the “target” parent is a “bad” person, not to be trusted or even dangerous.
The alienation process is also notorious for the pressure it places on other family
members and friends to be “on side” leading to the notion of “tribal” conflict described
by Janet Johnson. It is as if those who remain in the orbit of the offending parent
have themselves been contaminated. Many a sad and confused grandparent will testify
to this.
The notion of “tribalism” is not confined to family and friends. The pressure on
professionals such as counsellors, lawyers, therapists and teachers to be “on side”
is often irresistible. Of particular note in this regard is the role of the individual
child therapist and in some instances the over zealous child protection worker who
unwittingly confirms the “failings” of the target parent through uncritical acceptance
of “borrowed” scenarios without contact with the alienated parent.
CHILDREN AND ALIENATION
Lampell (2) found that the “aligned child tested as more aggressive and less well
adjusted but with a superior confidence”. Our experience at the Sydney Registry
suggests that other likely presentations include chronic anxiety and disguised sadness.
Gardner’s typology includes the statement that alienated children “lack normal human
ambivalence”. This is not borne out by our experience. It is , in my view , more
accurate to say that the children can appear to lack ambivalence but that often,
hostile expressions disguise deeper sadness and confusion.
The most obvious “finding” from the families seen in Sydney was that the children
were universally miserable with the possible exception of those few adolescents
who had become detached enough to be coolly dismissive of a parent who had been
effectively absent from their lives for an extended period. Little is known, from
a research perspective, about the impact of such complete detachment on future mental
health or on future intimate relationships.
Gardner asserts that the designation PAS cannot be used without clear evidence that
the child is aligned and participating. It is self evident that such participation
distinguishes PAS from other childhood reactions to high, post separation conflict
The primary age for “participation” to be most active (and functional with respect
to the alienating parent) is often considered to be from approximately 9 to 12 years
of age. This is partly because a child of this age has various “new” capacities
relevant to the process. These include a clearer capacity to see themselves as their
parents see them and to more clearly identify and articulate a parental perspective.
Both factors can leave children vulnerable to strong pressure.
Children in this age range also have a developing moral perspective which is often
black and white - “that’s not fair” is a common “crie de coeur” for this age group.
Younger children tend to be more malleable and can confuse and exacerbate family
conflicts by adapting both parents’ scenarios depending who they are with and reporting
back different stories to each parent. We nevertheless had experiences of five to
seven year olds with disturbing alliances and even younger children who resonated
with the “fears” and “anxieties” of an alienating parent.
Infants are not often mentioned in the context of parental alienation but they are
nevertheless particularly vulnerable to the prolonged absence of a parent which
is sometimes engineered in the service of interrupting a parent child relationship.
As with all age groups the absence of a parent may be justified in some circumstances
- particularly those involving abusive situations. It is doubtful nevertheless that
such actions as child abduction can always be explained as justified flight.
It is also possible to “misinterpret”, deliberately or otherwise, normal developmental
phases such as separation anxiety or “two year tantrums” as fear or dislike of the
other parent.
At the other end of the spectrum some teenagers seem able to obtain an objective
perspective on parental conflict and can thus achieve some distance. Others remain
locked in with one parent physically and emotionally and as emerging adults assume
protective and combative positions. Control and discipline may become especially
confounding issues as adolescent rebellion is reconstructed as justified anger.
Additionally amongst our group of families were adolescents whose role included
ensuring the conformity of younger siblings to a parental view particularly if they
had assumed a pseudo parenting role.
In summary it is suggested that parental alienation is a pervasive issue in Family
Court proceedings. It is also suggested that parental alienation is a damaging and
emotionally painful experience for children and if left to run it’s course will
result in broken attachments and precipitate mental health problems. While it is
often difficult to distinguish alienation from neglect and abuse, it is in and of
itself, an emotionally abusive process, at least in it’s severe forms.
It is also suggested that it’s chronicity and severity correlates highly with the
personality profile of the alienating parent. The latter’s actions can precipitate
behaviours in the child and the target parent that reinforce negative images of
the target parent.
Finally, the behaviours of the alienating parent, the child and the target parent
can interact with each other and with significant others in a destructive feedback
loop that is increasingly resistant to change.
SOME SUGGESTED RESPONSES.
Central issues for the Court derive in the progressive and complex nature of parental
alienation. Complex family issues such as alienation in its severest forms require
comprehensive and resource intensive responses and it’s progressive nature suggests
that these should be delivered early.
The assessment phase is critical. Failure to distinguish between parental alienation
and justified reactions can have disastrous consequences, particularly if allegations
of abuse have been raised. Investigations at least as thorough as those entailed
in formal Family Report are probably necessary.
It is suggested that this analysis should occur as early as possible in proceedings
as parental alienation seems to gather momentum the longer it is ignored.
There is no one intervention choice that is universally applicable but an most commentators
support an approach that is case specific and based on a coherent counselling /
legal plan. Devices such as Special Masters Schemes and detailed reportable supervision
orders will add authority and flexibility to counselling and therapy. At times reunions
between children and estranged parents need to be court ordered and therapeutically
managed.
With respect to counselling, the pervasiveness and complexity of the issues suggests
a specialised team approach to further develop both knowledge and expertise and
to provide a platform for supervision.
Parental Alienation could be characterised as an interactive process commonly involving
all family members including the children, extended family members and new partners
and families. This suggests that family systems responses are indicated - at times
supported by individual work with family members. This might include individual
work with children to restore more accurate perspectives and support for the target
parent to limit disengagement.
It is also suggested that the overall goal of interventions should emphasise and
be guided by the restoration of contact as the primary objective. The group at the
Sydney Registry can attest to therapeutic value of restored contact - even amongst
some families with experience of failed previous interventions and prolonged parent
child estrangement.
Paul Lodge
The contributions of counselling colleagues at the Sydney Registry are acknowledged
and appreciated. These include Patricia Muir, Carole Solomon, Karen Gabriel, Sylvia
Martin and Marise Vella.
Bibliography.
1. Gardner R. “Recent trends in divorce and divorce and custody litigation. Academy
Forum 1985; 29:2:3 - 7.
2. Rand DC. “The Spectrum of Parental Alienation Syndrome (parts 1 and 2). American
Journal of Forensic Psychology , vol 15 No. 3 1997)
3. Claver SS and Rivkin BV. “children held hostage: Dealing with Programmed and
Brainwashed Children. Chicago, American Bar Association, 1991
4. Garrity CB and Barris MA. “Caught in the Middle: Protecting the Children of High
Conflict Divorce. New York, Lexington Books, 1994.
5. Dunne J.and Hendrick M. “ The parental Alienation Syndrome: an analysis of Sixteen
Selected Cases”. Journal of Marriage and Divorce 1994; 21:3/4: 21 to 23.
";"SYNOPSIS.
A child’s attachment to a parent is a naturally occurring process that has evolved
to meet the basic human needs of the child including survival and developmental
needs. Unsurprisingly it is remarkably resistant to parental inade"; "16";"pas";"Early
Parental Loss A Risk Factor For Adult Psychiatric Illness";"Reuters Health";"1998-02-22";;;"Children
who lose a parent early in life, either by death or permanent separation, appear
more likely than others to develop schizophrenia, depression or bipolar disorder
as adults.
The finding comes from a large Israeli case-control study involving nearly 80 patients
each with major depression, bipolar disorder or schizophrenia and an equal number
of healthy controls.
Study director, Dr. B. Lerer of Hadassah-Hebrew University Medical Center in Jerusalem,
Israel, and a multicenter team found that the rates of parental loss during childhood
were significantly higher among patients with psychiatric disorders in this population
than in controls.
Specifically, loss of a parent during childhood significantly increased the risk
of major depression in adulthood by 3.8-fold, according to a report in the Feb.
13th issue of Molecular Psychiatry. Parental loss during childhood was 2.6 times
more likely in participants with bipolar disorder and 3.8 times more likely in those
with schizophrenia compared with controls.
The effect of parental loss on the development of psychiatric disorders was more
striking if the loss was due to permanent separation rather than death, and if the
loss occurred before the age of 9 years.
Early parental loss also significantly increased the risks of smoking, physical
illness, divorce lower income and living alone in later life.
The findings add early parental loss to the list of known environmental factors
that increase susceptibility to major depression, schizophrenia and bipolar disorder.
In fact, the Israeli team speculates that early parental loss may be a nonspecific
risk factor for psychiatric illness in adulthood, with a degree of specificity for
major depression and schizophrenia. One possible explanation for this association,
they propose, is that early parental loss negatively effects responsiveness to stress
in adulthood.
In a related editorial, Dr. C.B. Nemeroff, of Emory University in Atlanta, Ga.,
comments that the findings add to accumulating evidence that “…untoward life events
early in life…appear to increase vulnerability to several major psychiatric disorders
including affective and anxiety disorders.”
Such “untoward events” include both parental loss and child abuse and neglect,
he notes. “Perhaps these data will lend support for the call for a national study
of the prevalence rate of child abuse and neglect,” Dr. Nemeroff hopes. He adds,
“We owe it to our parents, our children and ourselves.”
";"Children who lose a parent early in life, either by death or permanent separation,
appear more likely than others to develop schizophrenia, depression or bipolar disorder
as adults.
The finding comes from a large Israeli case-control study"; "17";"pas";"Preventing
Parentectomy Following Divorce";"National Council for Children's Rights: 5th Annual
Conference";"1990-10-20";"Frank S. Williams M.D.";;"Keynote Address, Fifth Annual
Conference
National Council for Children's Rights
Washington DC, October 20 1990
Frank S. Williams, M.D. Child and Adolescent Psychiatrist and Psychoanalyst for
children, adolescents and adults, is Director of Family and Child Psychiatry at
Cedars-Sinai Medical Centre in Los Angeles. Dr. Williams also directs the Cedars-Sinai
Program for Children and Families of Divorce.
Introduction
Parentectomy is the removal, erasure, or severe diminution of a caring parent in
a child's life, following separation or divorce.
Parentectomy covers a large range of parent removal from partial parentectomy, “You
may visit your Daddy or Mommy every other Sunday“; to total parentectomy, as in
Parental Alienation Syndrome, described by Gardner; or complete parent absence or
removal. The victims of parentectomy are the children and the parents so severed
from each other's lives. A parentectomy is the most cruel infringement upon children's
rights to be carried out against human children by human adults. Parentectomies
are psychologically lethal to children and parents.
In the worst consequential wake of a parentectomy , the victim parent gives up and
walks away from the surgically-minded adults and the victim children. When this
happens, the victim parent walks away from the chronic warring battlefield with
intense ambivalence and confusion, faced with an insoluble dilemma. He or she knows
that the chronic war in which one parent tries to erase the other parent, and the
other parent struggles to stave off the parentectomy, is itself destructive to the
children, as it causes ongoing tension and stress in them, as well as in the ongoing
interaction between the children and each of their parents. On the other hand, if
a mother or father gives up and walks away from the war, the children feel abandoned
by a loved and needed parent, and unusually resent and become depressed over the
abandonment.
Although children hate fighting and pray for it to stop, they misinterpret a parent's
giving up the fight as that parent's not caring enough about them. Yet, clinicians
know that, in these cases, even when a father or mother gives up the battle for
custody, it is hardly ever due to not caring for their children enough. Rather,
they give up the fight because they are emotionally depleted, physically exhausted,
worn out, depressed or financially drained; they don't want to continue to subject
their children to the relentless warring; they discover that they have little chance
of success against a prejudiced legal/judicial system, and little chance of success
against a prejudiced, incompetent or skillful “hired gun” - mental health professional,
who has been paid to facilitate a parentectomy. Unfortunately, for the right price,
such psychological surgeons can be found.
Further Consequences of a Parentectomy
In addition to the worst scenario of actually being abandoned, when a parentectomy
occurs, children lose the rewarding ongoing opportunity to give and receive love
to and from a parent who has loved them.
These children frequently become depressed - especially in later adolescence. At
times their depression reaches suicidal proportions. In my own clinical work, as
well as in school and emergency room consultation experience during the past 15
years, I have found a very high correlation between suicidality in adolescents and
a divorce in their earlier years, which virtually results in one parent being erased
from their lives.
They often lack self esteem, particularly if they believe the erased parent willfully
abandoned them, or when the remaining parent behaves as if the erased parent never
existed or never loved and cared for the children.
Children with parentectomies often go on to mistrust and fail in adult intimate
relationships, this is for several reasons. first, they tend to see people as good
or bad, right or wrong, loving or hateful, worthy of gratitude or worthy of punishment.
Secondly, they have usually witnessed models of adult relationships based on mutual
accusations and defensiveness, as opposed to the healthier model of tolerating ambivalence
about the good and bad in others and in oneself. Further, in cases of Parental Alienation
Syndrome, they may leave home prematurely or turn against the “favoured' parent
later in life. Their turning against the one favoured parent may come about in later
adolescence, when they realize they were “brainwashed” victims caused by a malicious,
angry, or disturbed parent, to unjustifiably hate the other parent.
Methods Used in the Service of Parentectomy
A parent seeking to perform a parentectomy usually enlists the help of attorneys,
relatives, friends, and mental health professionals, in the pursuit of the radical
removal of the other parent.
They have several methods at their disposal. First they can get the potential parent
victim - usually the Father - to see a “friendly,” “brilliant” mental health
clinician or child development specialist, who will brain-drill the potential parent
victim about a distorted, out-of-context version of the psychological and developmental
needs of children. The child development specialist will reiterate that children
- especially young children - need the stability, constancy and consistency of one
home, and that it is emotionally harmful for the children to be shuttled back and
forth between homes. They will reiterate that children need a primary psychological
caretaker.
From my own clinical experience with children, I would agree with the position that
one home provides stability and continuity. However, when parents are divorced,
the children cannot enjoy the benefit of both parents living with them in the same
home. Therefore shuttling between homes may be inevitable. In divorce, we usually
do not have the option of choosing what is in the best interest of the children.
Instead, we most often must choose the least detrimental of several detrimental
options. This is especially so when a child has been psychologically bonded to two
parents. Of two potential evils for children - the evil of shuttling between the
homes of two loving, caring parents versus the evil of losing one such parent -
certainly the lesser evil is shuttling between two homes. It is the continued parental
bonding, not the number of homes or vehicular travel, that will be the crucial determinant
of children's forward psychological development following divorce. In these days,
when both parents frequently work, and rely on sharing the child-rearing with each
other, with other family members and with housekeepers and day care personnel, the
concept of one “primary psychological caretaker” is outdated. frequently there
are two psychological caretakers or a network of caretakers, supervised by two parents.
Should the “friendly,” “brilliant” mental health clinician described above fail
to convince the victim of the need for a parentectomy, the determined other parent
can then enlist the aid of the “hired-gun” child development expert. After a brief,
superficial contact with the other parent, of times without ever seeing the victim
parent or without ever seeing the children interact with the victim parent - the
“hired-gun” will unequivocally and with utmost scientific certainty declare:
that the children mistrust and are afraid of the victim parent;
that the victim parent lacks empathy for the children;
that the victim parent emotionally abuses the children;
that the victim parent is an alcoholic or other substance abuser;
that the victim parent is impulsive and prone to potential child physical abuse;
and,
worst of all, that the victim parent suffers with a serious psychiatric disorder,
such as Borderline Personality, Narcissistic, Anti-Social, or Obsessive Compulsive
Personality disorder, or perhaps even Paranoia or Schizophrenia.
Allegations of Child Sexual Abuse
Should the “friendly” counselling and “hired gun” approaches fail, the parent
determined to perform a parentectomy can make an allegation of Child Sexual Abuse.
This is most effective when the child is of preschool age, and easily confused.
Such allegations need careful expert professional attention. Proper thorough evaluations
must be conducted, during which time the child should not be removed from either
parent. In selective situations, following parental separation and divorce, mothers,
father and children are highly vulnerable to sexual abuse activity. When a child
or parent is quantitively deprived of loving parent-child contact, the child or
parent may over-cherish or over-respond to physical contact, which may become eroticized.
When there is no other adult to console a lonely parent who feels frightened at
night and that lonely parent's child also feels lonely and frightened at night,
the parent and child may wind up sleeping in the same bed together. this increases
their vulnerability to erotic, sexual contacts.
Although we should not summarily dismiss the possibility of actual sexual molestation,
at the same time we have found that most allegations of child sexual abuse during
custody wars are false allegations. Some are calculated manipulations, while others
result from parents' anxieties, misinterpretations, and their clouded perceptions
during custody battles.
Absence of Cooperation
If all the above methods fail, the parent determined to perform a parentectomy can
then claim, “We can't cooperate and therefore we cannot share parenting by way
of any form of joint custody, as joint custody requires substantial parental cooperation.”
Unfortunately, this declaration is often supported by mental health clinicians,
because of their misunderstanding or over-statement of the writings of Dr. Richard
Gardner. Dr. Gardner's clinical experience with children and parents of divorce
is often misused to reinforce this faulty point of view about parental cooperation.
When Richard Gardner stated that “joint custody” requires a high degree of parental
cooperation (1986, 1989), he was using his particular definition of joint custody
- one in which there is a free-flowing, flexible arrangement; one in which the children
and the parents may frequently shift schedules, may often change the days and times
the children are with each parent; and may alter parental responsibilities for the
children's school and social activities. In such flexible arrangements, the shifts
in schedule and responsibilities can occur during any given day, week or month.
Of course, such an unstructured, ever-changing form of joint custody require frequent
parental contact, negotiation and discussion, and often involves the children. Such
a form of flexible, free-flowing joint custody would require parental cooperation,
and would not work well where one parent hates or is emotionally allergic to the
other parent.
This particular form of joint custody however, is now a rare and somewhat antiquated
form of joint custody. It reflects the efforts of those few special early “pioneer”
parents who respected each other as parents and individuals. They were therefore
able to explore flexible joint arrangements in attempts to continue their children's
lives with both parents. In essence they explored and maintained living environments,
approximating the pre-divorce situation. In contrast to Dr. Gardner's definition,
my definition of “joint custody” is a multi-faceted one. At one end of the spectrum,
it includes such flexible unstructured, free flowing arrangements, defined by Gardner.
At the other end of teh spectrum it includes a detailed, rigid and highly structured
parent-child plan, which minimizes the need for parent contact, negotiation and
communication. Between the two extreme ends of the spectrum are varying arrangements
in which real significant living time, including overnights, is shared with the
children by both parents, with varying degrees of structure and rigidity, as required.
Indeed, with warring, unfriendly, uncooperative parents, a highly structured, rigid,
inflexible custody schedule is necessary and appropriate. The structure for high
conflict parents should include transitions for the children between parents, on
neutral grounds; for example, the children can be picked up from and be returned
to school, instead of the other parent's residence. This arrangement avoids points
of battle between the parents, and avoids the need for frequent negotiations on
a day-today, or week-to-week basis, which, in turn, avoids the need to battle over
decision-making, residential time, or parental authority in front of the children.
It is unfortunate that Dr. Gardner has been misunderstood and misused by some mental
health clinicians advocating for sole custody to one parent. In consultation with
Dr. Gardner, I learned that he believes that when there are two highly bonded loving
parents, a rigid structured schedule of even 50-50 shared residential overnights,
as well as a pre-defined structure decision-making authority plan for each parent
may be appropriate to best serve the children. He would just not define such a 50-50,
rigid, structured arrangement as “joint-custody”.
Dynamics Behind the Pursuit of Parentectomy
Parental Identity
The fear of losing one's parental identity is the principal dynamic behind parentectomy
efforts. Throughout life, all persons gain and integrate many identities, which
become part of their self-images. These identities include one's identity as: a
child member of a family; a student; a peer or team member; a professional or other
worker; a mate with marital identity; a person with a parental identity; and a grandparent
with a grand-parental identity.
Until recent times, some parents, more traditionally mothers in our western culture,
reached a point of divorce with primarily marital and parental identities. For such
parents, as their mate or marital identity dissolves, as it does in divorce, the
only identity often left for them to hold on to, cherish, and fight for is their
parental identity.
Grandparents, especially when they are retired from both work and parenting, often
fear loss of their primary remaining identity - their grandparents identity. As
they envision sharing or losing valued time with their grandchildren, their fears
may prompt them to harp on their sons and daughters to fight for sole custody of
the children, so they will not become “unemployed” grandparents.
The appearance of a potential stepmother or stepfather on the scene is highly threatening
to parental identity. This is especially so when that newcomer has a great need
to parent. Hearing one's children refer to a step parent as “mommy” or “daddy“,
often triggers the search for the parental scalpel.
The Loss of the Family
For adults, the pain of losing one's family structure is very intense, and in may
cases, much more intense than the pain of losing one's mate. Divorcing parents often
desperately hold on to a myth that their family has not fallen apart, in their attempt
to not feel the pain and depression which accompanies the rupture of the family.
They maintain the myth of a one-family structure, embodying elements of one home
and one family. This myth is much easier to hold on to is a parent does not have
to see the other parent. It is especially easier to hold on to if a replacement
is brought in to fulfill the other parent's role, namely a boyfriend, stepfather,
girlfriend, or stepmother.
In counselling parents of divorce, I have found it much more productive to focus
on the pain caused by the loss of family structure, as opposed to focusing on the
pain caused by the parent's prior battle with each other, or the pain caused by
their loss of each other.
The literature on divorce leans heavily on the concept that divorced parents chronically
battle in an effort to hold on to each other and not lose the marital relationship.
Although that dynamic does exist, in my experience it is not a universal post-divorce
dynamic, and it is not the primary reason behind prolonged custody struggles or
prolonged custody wars. Instead, I find the need to hold on to this myth of one
non-ruptured family is a more usual dynamic behind prolonged custody wars. Unfortunately,
maintaining that myth of one family, requires erasing the other parent.
Envy, Rage and Revenge
A parent's desire to punish the other parent by depriving the other parent of his
or her children often relates to the other parent's apparent or fantasied greater
success or luck in life. This can create rage and envy. The real or fantasied greater
success is in the area of: finding a new and rewarding love relationship; achieving
greater financial security; having a wholesome extended support system of family
and friends; and most ironic, envy and rage in relation to the other parent's fantasied
or actual greater success in relating to their children in warm, comfortable, loving
and trusting ways.
It is this rage, envy, and the wish to punish that we see most often in severe cases
of Parental Alienation Syndrome, with very pathologically disturbed parents.
Psychological “Allergic” Reactions to the Other Parent
We frequently see situations in which one parent became psychologically dependent
upon the other during the marriage.
Once separated and needing to break the dependency but fearful of the continued
power of dependency, such a dependent parent feels and urgent compulsion to avoid
the other parent as one avoids poison ivy. Feeling emotionally “allergic” the
dependent parent fears susceptibility to renewed dependency. To avoid the allergen
- namely the other parent - the dependent parent attempts to achieve complete avoidance
which, of course, is easier to achieve if that parent can be kept out of the children's
lives. The allergy medicine - parentectomy - becomes the children's poison!
Prevention of Parentectomy
The following recommendations on how to prevent parentectomies may, in part, appear
drastic. These prevention measures which are presented in the spirit of suggestions,
and based on clinical experience, include:
Person contemplating marriage and children should consider a proposed mate's tendency
toward relying on the role of being a parent as his or her exclusive identity. Such
persons may need to rely totally on full-time control over the children for identity
following divorce.
One should try to fall in love with and have children with a mate who has great
empathy for children's needs and feelings. A mother or father with empathy who loves
his or her children will usually not subject the children to a parent removal.
One should not separate from one's mate without a scheduled, structured, legal custody
arrangement, in advance of parting the marital relationship.
Once separated, a parent should never speak with and certainly should never see
a mental health professional - other than a court appointed one - that he or she
has not helped choose in advance, and should further avoid like the plague a friendly-sounding
psychiatrist, psychologist, social worker, or counsellor, who calls and says he
or she wants to help the parents and children through the pain of divorce. this
is especially so when that professional has already seen the children and the other
parent.
Parents should seek and hopefully find attorneys not biased by the conviction that
all children need a primary home and a primary caretaker after divorce.
The first moment it becomes clear that scheduled custodial time with one's child
is being consistently blocked, the parent so blocked should, run not walk, with
his or her attorney, to the nearest family court.
Conclusion
Many parents, mental health clinicians, and attorneys have had contact with the
process of parentectomy as a victim or as someone close to a victim. Professionals
must guide victims or potential victims through the maze of legal, judicial, mental
health and family processes which can lead to the radical “surgery” of parent-erasure
I call parentectomy. Attempts at parentectomy create a psychological reign of terror,
for the intended parent and child-victims. Those victims who survive are emotionally
bloodied, bitter, war-torn, and exhausted. They often form and join support groups
with committed and caring persons in organisations to protect their children and
themselves, or to help others to protect their children and themselves from the
dreaded sequelae of parentectomy. Most parentectomy victims and most of those who
try to help such victims, experience a great deal of chronic emotional pain.
I wish there were a panacea to help reduce that pain. There is not. The author has
shared his experience and thinking around children and parents of divorce, in the
hope that increased understanding of the dynamics behind parentectomy, will help
clinicians, attorneys, judges and parents eradicate this most dreaded, malevolent
and destructive affliction of parents and children who love, care for and need each
other.
";"Keynote Address, Fifth Annual Conference
National Council for Children's Rights
Washington DC, October 20 1990
Frank S. Williams, M.D. Child and Adolescent Psychiatrist and Psychoanalyst for
children, adolescents and adults,"; "108";"ftl";"The Gold Coast Safe Cities Project";;"1997-09-30";;"page21c.htm";;;
"111";"shd";"A Fair Go For Mums Means Giving Dads Their Chance";"Sydney Morning
Herald";"2003-08-12";"Pru Goward";;"Fathering is back in the news. And for once
it is not about conception. It has been discussed in a number of contexts including
the parliamentary committee considering the feasibility of equal residency for parents
after separation and the current shortage of male teachers. There has been talk
of a crisis of under-fathering and a lack of male role models for boys.
Certainly there is unlikely to be much argument from sole parents about the need
to share the parenting load. No woman I know who has been a single parent, for a
week, a year, voluntarily or not, says it's anything other than hard. Crazy and
brave, more like it.
When I say woman, I mean woman. The parenting load is currently borne heavily by
women: 83 per cent of sole parents are mothers. Only 4.1 per cent of the Child Support
Agency's total case load involves equally shared care. The result for women is fewer
job opportunities, low paid part-time work, all-round low incomes and low superannuation
entitlements.
Encouraging men to be more directly engaged in parenting gives more women a chance
to provide for themselves.
There is widespread agreement that having fathers more often and more directly involved
in parenting would make a lot of men happy and in most cases benefit children. Nobody
disagrees that it is always preferable for boys and girls to have strong male relationships
and for all to benefit from family life and the love and attention of both parents,
even after marriage breakdown.
But there is a catch. A cost. Those who wish to be more engaged as parents and still
participate in the world of paid work will find (as men who have done so attest,
and as women well know) that it may well mean giving up overtime, promotion opportunities,
often full-time work, a decent amount of superannuation, business travel, most of
your leisure and even some of your sleep.
The majority of fathers choose not to undertake this task. Over recent weeks a number
of men have argued publicly that undertaking the same sort of parenting load as
mothers just isn't practical. They've pointed out that men generally earn more and
so it makes sense for them to be the full-time earner.
They've argued that men don't have access to the same degree of family-friendly
work practices and that men who attempt to be more engaged as parents are viewed
less favourably for advancement and employment.
Surely this is the point.
We do not have to acquiesce to arrangements that patently disadvantage men and their
children. We do have a choice.
We need to enable more men to take advantage of family-friendly workplace policies
more often. After all, men have access to a year's unpaid parental leave, just like
women. Ditto paid carers' leave. We need to encourage them to take it. We need to
challenge the work cultures that frown upon and discriminate against men who seek
flexible working conditions or shorter hours, just as we need to continue this battle
for women.
Yes, as some argue, there are women who try to keep the parenting for themselves,
acting as the gatekeeper and the arbiter of good parenting. Just as some men over
the past couple of generations have been slow to accept that women have a legitimate
position in the workplace, so, no doubt, women will need to be encouraged to abdicate
some control of the domestic sphere.
We urgently need to address the work-time sacrifices parents will be required to
make, remembering that you need to spend time with children to develop strong bonds
and a sure hand at parenting.
You need practice at solving a fight between two children about sharing the computer,
knowing who has eaten their lunch and who threw it away, learnt their three-times
tables and what is really bothering them when they start skipping school. Let's
not even contemplate the Solomon-like qualities and all round academic knowledge
required for teenagers.
Without acknowledgement of parenting as a skill and a patient art, as well as an
act of love, then all that encouragement we give women to go part-time, to leave
off worrying about the career and instead to put their families first, will look
like malignant posturing.
We all know how much most fathers love their kids. That's not in doubt. This debate
is not about proving that. It is primarily about the interests of the child but
it has a challenging and timely subtext: to disprove the old formula that women
care for kids and men care about them. Equality of parenting is the greatest remaining
barrier to equality between the sexes.
Pru Goward is the federal Sex Discrimination Commissioner.";"Fathering is back in
the news. And for once it is not about conception. It has been discussed in a number
of contexts including the parliamentary committee considering the feasibility of
equal residency for parents after separation and the current shortag"; "19";"sol";"“Pregnant
on the Sly“";"REPORT -- Canada's Independent News Magazine ()";"2000-04-24";"Walter
H. Schneider and Candis McLean";;"The practice of falsely attributing fatherhood
is rising among women.
When 32-year-old Paul Johnson of Calgary went to college, he became involved with
a 27-year-old woman who told him she was barren and in the throes of a divorce.
Although he had initially insisted on birth control, eventually he threw caution
to the wind and engaged in unprotected sex.
After all, she said she was infertile.
Six months into the relationship, Mr. Johnson was invited to supper with his lover's
family. In retrospect, he thinks he was being paraded for reasons he wishes he had
known sooner. After the family dinner, Mr. Johnson's lover took him aside and revealed
she was pregnant by him. “But I thought you were barren,” he protested, to which
his lover replied that she had actually said she couldn't have children because
her husband was impotent. Nor was she interested in any further relationship with
Mr. Johnson.
That was 10 years ago, and Mr. Johnson has never once held his son in his arms,
or indeed even seen him. He now waits for him to turn 18 in the hopes his son will
come looking for him. “I've attempted to launch a complaint in a variety of ways,
even considered laying criminal charges against [the former lover], but I soon found
nobody had any interest in my plight of being duped into becoming a sperm donor,”
he says. “Yet she raped me with the intention of getting pregnant. It was a form
of sexual assault based on misinformed consent. I would love to be married, but
those children will never exist. I have a great deal of difficulty in trusting another
woman; in fact I'm incapable of performing out of sheer anxiety that I will lose
the child due to a whim or a lie on the woman's part--even if I were married to
her. If 10 years later she changes her mind about wanting me in her life, the child
I've loved for 10 years will be ripped from me. I'm not willing to go through that.
...
*Games women play*
This exchange from a closed Internet chat room, “Pregnant-on-the-sly,” contains
the original spelling and punctuation:
My name is Sarah. I'm 20 years old and I live in Kansas. My husband is 27 and although
we planned to have children before we were married, he has changed his mind. Raising
children is such a significant goal in my life and I cannot imagine not having any.
Please excuse the personal question, but how do you gals ttc [try to conceive] without
your partner's cooperation? My darling uses condoms and ky jelly with spermicide.
I've read everything I can about the failure rate and I'm afraid that our chances
aren't so good. Advice?
hi, sara!
choose a guy who has the characteristics your would want your baby to have
... one of the same criteria you use in considering a marriage...then develop a
relationship w/ him that will *definately* lead to sex, *obviously* on the sly :)
then simply screw him during your ovulation phase. after you are pregnant, you explain
to your husband that the improbable (but not *impossible*) happened ...i envy your
situation, actually...it's not quite that easy for me (and maybe for others who
do not use condoms, spermicide and other gadgets) ...i am totally NFP [natural family
planning] and have never made a “mistake” about where i am in my cycle. so explaining
my pregnancy to my BF [boyfriend] and to my parents is going to be ruff.
";"The practice of falsely attributing fatherhood is rising among women.
When 32-year-old Paul Johnson of Calgary went to college, he became involved with
a 27-year-old woman who told him she was barren and in the throes of a divorce.
Although"; "20";"sol";"Pressure on Sole Parents to Find a Job";"The Australian";"1999-08-30";"Michelle
Gunn";;"SOLE parents will be forced to attend career- development sessions as part
of a federal government pilot project extending mutual obligation to parents on
income support.
The project, which will involve 2000 people during the next five months, is designed
to encourage those receiving parenting payments to return to the workforce as soon
as they are able.
Family Services Minister Joceyln Newman said marriage break-ups were becoming a
“very real drain on the system” and long-term welfare dependency was to be discouraged.
Senator Newman said she was particularly concerned about the effects of long-term
welfare on children, many of whom would grow up without the expectation that they
must work to earn money.
“You have a generational problem there if people are on income support for too
long,” she said. “We do sole parents and their children and Australia a good turn
if we can help them to get the skills, get the confidence and get jobs.”
A Department of Family Services discussion paper says there are now 600,000 people
relying on the parenting payment for income, two-thirds of whom are sole parents.
The average duration on parenting payment is 3.4 years, but almost a quarter of
lone parents have been receiving the payment for five years or more.
The aim of the pilot program is to discover the best ways to prevent “risk of poverty,
skills atrophy and the transmission of welfare dependence and social exclusion to
the next generation”.
The pilot will target:
People who have been receiving parenting payment for five years or more without
earned income;
People who have recently left paid employment or are recently separated;
People without any earned income who have children aged between 12 and 16;
Couples where neither partner has been in work for a long period.
Those involved will be referred to a career counselling interview or seminar. For
some it will be voluntary and for others compulsory.
Participation in the JET scheme (a labour market program) is not compulsory but
is to be encouraged.
The approach has been criticised by women's groups and welfare activist because
of an apparent contradiction between it and the Government's promotion of full-time
mothering as a choice for women.
Sole Parents Union president Kathleen Swinbourne said: “It's rather hypocritical
of the Government. On the one hand they are saying it is very important for parents
to stay at home and look after their children. On the other hand they say, but not
if you are a sole parent.
“It just seems that sole parents aren't considered by this Government to be real
parents.”
Senator Newman conceded the existence of a tension between recognising the value
of full-time mothering and helping sole parents out of welfare dependency.
“I do believe, and the Government certainly has this commitment, to recognising
that the raising of children is a national good,” she said.
“You can't say 'you are not doing any good just sitting there at home and raising
your children', you are . . . but you also have to be preparing for the rest of
your life and for your children's well-being by bringing in more income when you
can.”
";"SOLE parents will be forced to attend career- development sessions as part of
a federal government pilot project extending mutual obligation to parents on income
support.
The project, which will involve 2000 people during the next five mon"; "21";"shd";"Study
sees Joint Custody as Disincentive to Divorce";"CNN News";"1999-09-24";"http://cnn.com/US/9909/24/fathers.rights/";;"WASHINGTON
(CNN) --
In the past, when a mother and father were divorced, the kids went with Mom, and
Dad went out the door. But in the 1990s, roles aren't so restricted.
An increase in courts granting joint custody, where mothers and fathers share the
raising of children, has contributed to a decreasing divorce rate, according to
a study released Friday in Washington by The Children's Rights Council.
The organization says the divorce rate has dipped slightly in the past few years
from a high of 50 percent of all marriages. The study predicts that the rate will
drop by up to 10 percent in the next 20 years.
“If a parent knows that he or she will have to interact with the child's other
parent while the child is growing up, there is less incentive to divorce,” said
Children's Rights Council President David L. Levy.
“Greater father involvement means that it is less likely that a mother can assume
she will automatically receive sole custody, financial child support and the family
home, upon divorce,” said John Guidubaldi, a children's advocate and education
expert at Kent State University in Ohio, in response to the study. “This means
that at least some parents will reconsider a divorce.”
The study found that the parent who receives full custody is more likely to be the
one who files for divorce.
Fathers as primary caretakers
“There are many fathers now that are functioning as primary caretakers of children
while the wife is at work,” attorney Jeffrey Leving told CNN. “And the minute
a divorce is filed, the court system has confusion in understanding and protecting
the rights of children in those relationships.”
Leving's clients are mostly divorced dads.
The trend toward more fathers raising their children in joint custody arrangements
encouraged Chicago psychotherapist Mark Rogers to seek custody of his 14-year-old
son, Dylan.
“He comes to me and talks to me about everything because we were able to work at
a young age to maintain that bond, then build and enhance off of that,” Rogers
said. He also said men want to be seen as more than just “walking wallets.”
Long route to joint custody
Divorced father Jimmie Curley said it took nearly four years before he won shared
custody of his four children in 1995. Curley thinks his flexible schedule as a substitute
teacher and part-time tax preparer helped his case.
“It keeps me on top of what they're doing and what's going on and things that are
going on in the school, so I'm not in the dark,” Curley said.
The Children's Rights Council applauds the fall in divorce and the joint custody
trend because one of its tenets is that children do better with both parents. In
the home is best, it thinks, and if that's not possible, children benefit greatly
when both parents are involved in their lives.
Reporter Jonathan Aiken contributed to this report. ";"WASHINGTON (CNN) --
In the past, when a mother and father were divorced, the kids went with Mom, and
Dad went out the door. But in the 1990s, roles aren't so restricted.
An increase in courts granting joint custody, where m"; "22";"fam";"Super Splitting
on Marriage Breakdown";"Supersplitting Pty Ltd.";"2002-12-01";"Stephen Bourke";;"New
laws to allow for the splitting of superannuation on marriage breakdown will commence
on 28 December 2002. The issue has been on the agenda for a considerable period
of time and it is now certain it will happen. Financial planners will need to become
familiar with the new scheme so that they can properly advise their clients about
ALL aspects of superannuation and especially so their clients can take full advantage
of the tax arrangements under the new super splitting laws.
Overview of the new rules:
The new super splitting laws create new options for separating / divorcing parties
by treating superannuation as property, ie in the same way as other assets (house,
shares, etc). The new rules allow for the division of superannuation either by court
(property) order or by agreement between the two parties.
Court orders
Courts that operate in this area of the law (typically the Family Court or the new
Federal Magistrates Court) will be given two new powers:
the power to make a splitting order; and
the power to make a flagging order.
Splitting orders
A splitting order, as the name implies, will enable the Court to split superannuation.
To do this the Court is first required to value the superannuation and secondly
to allocate an amount out of that value to the non-member spouse. These two steps
are explained below.
Valuation of superannuation will depend on the type of interest (Generally refers
to the superannuation benefit in question) and whether it is in the growth phase
or the payment phase. Accumulation interests are valued by reference to the withdrawal
value. There can be instances where valuation of the interest at an earlier point
in time might be necessary, such as the date of separation, but generally the withdrawal
value is used.
Defined benefit interests are valued by reference to a prescribed actuarial formula
which takes the accrued benefit multiple and the salary and then applies a valuation
factor from a set of tables published in the Family Law (Superannuation) Regulations
2001. Where the superannuation is paid as a pension, a different formula is applied
but essentially it will derive a lump sum value in today's dollars required to meet
the pension payments over the life expectancy of the member.
Allocating an amount to the non-member spouse is the second requirement for the
Court to do before making a splitting order. This amount is called the “base amount”.
The base amount is a central concept in the new laws because it will determine the
amount that is to be transferred to the non-member. Transfers can happen in one
of two ways:
payment splitting under the Family Law Act and Regulations; or
interest splitting under the Superannuation Industry (Supervision) Regulations.
Payment splitting will apply to all interests, unless the trustee triggers an interest
split under the SIS law. Payment splitting operates to split superannuation only
when a payment of superannuation is made. The complexity of this is immediately
obvious — payment may be many years away. In addition, there is a range of technical
rules about what can and cannot be split. Therefore why have payment splitting?
The reason is because the SIS law, while covering most superannuation, is not comprehensive
and thus payment splitting exists as an option when the SIS law does not operate.
Interest splitting is available to regulated funds where the interest is an accumulation
interest in the growth phase or it is an allocated pension. It is not available
for defined benefit interests. Interest splitting enables the creation of a new
interest or a rollover, the value being the base amount allocated by the Court.
Because interest splitting applies to the most common interest (a regulated accumulation
interest), it is expected that most funds will use this option.
When superannuation is in the payment phase, the new super splitting laws require
that the income stream be given a capital value. However, what will most commonly
occur is that the Court will split the income stream by reference to a percentage.
There are, of course, social security implications for splitting income streams
but the consequential amendments to the Social Security Act and the Veterans' Entitlements
Act have not been made.
Flagging orders
The other type of order that a court will be able to make is what is termed a flagging
order. These are orders which, as the name implies, place a flag on the superannuation
account. When a flag is in place, it prevents the trustee from paying out superannuation
until the flag is lifted. These will most likely be used when the member is near
retirement and the superannuation is about to be released. It avoids the complexity
of actuarial valuation so close to release of superannuation.
Superannuation Agreements
There are mirror provisions under the new law to enable couples to split or flag
superannuation by using a superannuation agreement rather than seeking a court order.
Thus, outcomes that can be achieved by court order can also be achieved by superannuation
agreement. There are, however, some differences in the procedures between court
orders and superannuation agreements.
Firstly, before making a superannuation agreement, the parties have to receive separate
and independent legal advice. There are also requirements that it be in writing
and be properly witnessed.
Secondly, the mandatory valuation requirements do not apply to superannuation agreements.
This is important since the mandatory requirements are not specific to the member
and have no regard to the personal circumstances of the member. Where a valuation
that takes account of the personal circumstances of the member is desired, use of
a superannuation agreement may be an option.
Thirdly, the parties are required to serve on the trustee a copy of the divorce
certificate (called the decree absolute) at the same time as the superannuation
agreement. If the couple has not taken the formal step of becoming divorced (and
not everyone does), then they must make a separation declaration stating that they
have separated. Where the value of the superannuation is greater than the ETP threshold
($112,405 for 2002/03), the declaration must state that they have lived separately
and apart for twelve months and there is no reasonable likelihood of cohabitation.
This is essentially a revenue protection measure and there are penalties for false
declarations (up to twelve months' imprisonment). However, it should be noted that
the declaration requirements do not apply to court ordered splitting.
De facto couples
De facto couples are excluded from the new regime. This is because property settlements
arising out of the separation of a de facto couple are governed by state and territory
law, not Commonwealth law. In other words, the Family Law Act does not apply to
the property of de facto couples. This can be cured by each state referring the
law making power over the property of de facto couples to the Commonwealth and successive
Attorneys-General, both Liberal and Labor, have asked the states for this power.
However, it has not been forthcoming and is currently before the Standing Committee
of Attorneys-General. Until the power is referred, a couple will at some stage have
to have been married for the new law to apply to their superannuation.
What advice should be given now?
An important point to be aware of is that the new laws are not retrospective. This
means that property settlements entered into prior to 28 December 2002 will be treated
under the current laws, ie superannuation will not be treated as property and as
such cannot be flagged or split. This will be a consideration for clients who are
in the process of a separation or divorce, whether they should settle before or
after the new laws come into effect.
Clients will want to know what the options are given the advent of the new super
splitting laws. The new laws say that if the Court has issued a property order that
is not an interim order, then you cannot split superannuation. In other words, the
new laws will be available where the Court has not issued a property order — or
if it has issued a property order, it is what is termed an interim order. An interim
order is a particular type of property order and technical term under the Family
Law Act. Legal advice is recommended if this course of action is to be followed.
Planning tips
A more difficult question — to split or not to split — will depend on the circumstances
of your client. There are tax considerations to be weighed before advising whether
your client considers taking advantage of the new law.
For example, under the new law, eligible termination payments that are split by
court order or agreement are separately reported to the Tax Office. This opens up
a number of possibilities in solving an excessive component problem for a divorced
or separated couple. Take the situation of a husband retiring with an ETP of $750,000.
This is in excess of the lump sum RBL ($562,195 for 2002/03). Under the Family Law
Act as it currently stands, the ETP cannot be split and the member may have to transfer
other property to his wife in satisfaction of the property settlement. He is left
with an excessive component problem. Of course, he may attempt to bring himself
within the higher pension RBL ($1,124,384 for 2002/03) but the new super splitting
laws open other possibilities. He may transfer part of his ETP to his former wife
and bring himself within the lump sum RBL. The payment to the wife is separately
reported and it will be taxed as a separate payment in her hands (including a new
low rate ETP threshold — $112,405 for 2002/03).
An alternative consideration is the eligible service period. The new super splitting
laws set the ESP at zero. On the face of it, this may seem a rather severe outcome.
However, consider the situation where your client is a person who may have a small
amount of superannuation in her own name (it is usually the wife) and this was acquired
early in the marriage ie pre July 1983. Accepting a proportion of the husband's
superannuation may provide generous increase in the pre July 1983 component enabling
advantage to be taken of the considerable tax concessions of that component.
The super splitting laws are an important change on the financial and estate planning
horizon. Financial planners should become familiar with the new laws to offer the
best advice to clients. Further information and planning strategies can be found
in the CCH book, Super Splitting on Marriage Breakdown or at www.supersplitting.com.au.
Stephen Bourke is a private legal practitioner and Managing Director of Supersplitting
Pty Ltd. Stephen was the legal officer primarily responsible for advising the Government
on the new super splitting laws and bringing the Family Law Legislation Amendment
(Superannuation) Act 2001 into existence. This article draws from the new CCH book,
Super Splitting on Marriage Breakdown, which was written by Stephen Bourke, Gary
Watts and Michael Taussig QC.
The financial planning implications of family breakdown are also covered in CCH's
Australian Master Financial Planning Guide 2002/3, which is available now.
This article is available in the CCH webpage http://www.cch.com.au/fe_splitting_super.asp
You can join the CCH free mailing list by simply registering at www.cch.com.au ";"New
laws to allow for the splitting of superannuation on marriage breakdown will commence
on 28 December 2002. The issue has been on the agenda for a considerable period
of time and it is now certain it will happen. Financial planners will need to become";
"23";"fam";"Disorder in the Courts";"Sunday Telegraph (Sydney)";"2000-07-09";"Sarah
Harris";;"The Family Court has consistently pursued its critics by instigating contempt
charges. But lately these citizens have been beating their powerful foe. Sarah Harris
reports.
(Pix: View of a back of a man seated on park bench looking at children's playground
equipment.)
Caption: No picnic: This man, whose name cannot be revealed, has endured much financial
and emotional pain through dealings with the Family Court.
We can't show you his face or tell you his real name. Yet, ironically, he recently
won a major victory for free speech.
The man's win came when a charge of “contempt” by scandalising the Family Court
was dismissed and a judgment for costs made against its marshal.
His alleged crime was to stand on the footpath outside the court handing our leaflets
and hollering through a megaphone his protest about the court's handling of his
children's custody arrangements.
As one of a group dubbed the “Family Court Four” he faced an unlimited fine or
jail term under arcane 18th century law.
Now, as the losers in this extraordinary case of several “Davids” versus the Family
Court “Goliath“, the Family Court faces a legal bill estimated to be upwards of
$100,000.
Admittedly, this is small change against the court's $122 million 1999-2000 funding.
However, it would buy some much needed legal aid for the increasing number of litigants
without lawyers.
Family Court Chief Justice Alastair Nicholson has previously raised grave concerns
about the impact of Legal Aid cutbacks.
Research commissioned by the Family Court, shows that between 35 to 40 per cent
of all cases involve at least one unrepresented litigant.
Of those, 60 per cent were disadvantaged by lack of legal representation, according
to the assessment of judges and court staff. “By not spending money on legal aid,
we may be killing people,” Justice Nicholson told a legal forum last year.
“There is a serious problem in family law involving violence between the parties.
If you increase the frustration and parties don't have the benefit of legal advice
you increase th chance of violence being perpetrated.”
For a senior officer of the court to then criminally charge these very same frustrated
and disadvantaged parties - who, left with little other avenue, took to the streets
in protest - seems a somewhat inflammatory response.
Suspicion rules in the Family Court
Ultimately, the bills incurred by the court in retaining not one, but (initially)
two, senior silks to prosecute charges of “scandalising the court” will be picked
up by the taxpayer.
It is the second such case the Family Court has lost this year.
In March, a man who spent two years stridently voicing his frustrations at being
denied contact with his two children outside the Family Court building in Melbourne
had contempt charges against him thrown out.
Last week, the Family Court sought to file a notice of discontinuance of charges
against a third man.
The tactical withdrawal is unlikely to prevent a further order of costs against
the court and may yet even result in damages being paid to the defendants.
To Gabriel Kuek - whose firm represented the first three of the four defendants
either privately or under limited legal aid the issue is clear-cut.
“As we have said again and again, Australia is a free, democratic society which
ought to be able to withstand robust debate and criticism by people against the
arms of government,” Mr Kuek said. “The Family Court is part of the judiciary
which, under the Westminster system, is one of the arms of government.”
As an institution, the Family court of Australia can arguably be forgiven for being
somewhat thin-skinned.
One judge was shot dead and the wife of another killed in a bomb explosion in the
1980s.
These tragic incidents show the court and its officers face real risk as they negotiate
the minefield of other people's property and custody disputes.
What is disturbing, however, is the court's apparent sensitivity to criticism of
any kind.
Justice Nicholson has previously sought to categorise the courts most vocal critics
as dysfunctional misogynists who regard women and children as objects who have no
rights.
“The most strident critics of the court emanate from groups of men who regard themselves
as having been badly treated by the family court system,” he told a national conference
in 1998.
“There is a more sinister element at work. I have absolutely no doubt that there
are many persons associated with men's groups in particular who have an agenda to
change the law to the disadvantage of women.
“Many demonstrate in strident terms outside the court. Some even stand for Parliament,
with signal lack of success.”
Notwithstanding the fact that the assessment of some of these people may well be
accurate, political representatives like Federal Labour MP Roger Price, wonder if
it is entirely just to paint them all as mad, bad and dangerous.
“Is it impossible, for example to conceive that some of them may have been driven
to extremes and wrongly penalised because of false accusation made by no less bitter
partners?” Mr Price asks.
As Justice Nicholson himself pointed out in that same speech, there are two sides
to every story.
Disgruntled clients are not the only targets of withering statements from the chief
judicial officer of the family Court.
When the Australian Law Reform Commission unfavourably reviewed some aspects of
the Family Court in its report Managing Justice: A Review of the Federal Civil Justice
System, it was met head on with a press release.
“It is extremely disappointing that the Commission has chosen to include such gratuitous,
ill-informed and wrong comments about a court whose task is perhaps the most sensitive
and difficult in the country.”
The release referred most disbelievingly to “alleged criticisms from legal practitioners”.
But perhaps most paradoxically, the press release was scathing of “selective and
gratuitous report of comment of anonymous persons cloaked in the guise of 'research'.”
One impediment to debate about the merits or otherwise of the Family Court is legislation
which prevents identification of any of the parties.
Under Section 121 of the Family Law Act, it is an offence to publish or disseminate
anything which may identify or tend to identify any party to the proceedings in
the court.
While this does not prevent the media giving voice to the experience of family court
clients, it does severely restrict the press.
The only exemption to this is the Family Court of Australia which allows publication
of cases complete with names on the Internet in the interests of the legal profession.
Unable to show identifying photographs, use names or even occupations means, however,
mainstream media accounts are restricted to using these very same “anonymous persons”
to whom the Chief Justice objects.
Anonymity protects all parties, particularly children, but Section 121 also shields
people who make outrageous claims against others without the threat of defamation
or the burden of proof required of other courts.
These disembodied accounts lack credibility - as the Chief Justice himself apparently
believes - for the very reason they could be entirely fictitious as, indeed, are
some of the allegations made in the Family Court.
Roger Price argues that suppression of reporting about the Family Court has given
rise to suspicion and distrust about the institution itself.
The Labour backbencher has been something of a thorn in the side of the Family Court
since 1995.
At that time, he was chair of a joint select committee investigating finance and
administration of the court.
Undaunted by last month's derailing of a private member's bill which he had proposed
to lift reporting constraints, Mr Price has vowed to continue his crusade to open
up the court to greater public scrutiny.
“My proposals are not about tilting the Family Court in favour of men, or women
or children,” he said. “They are about accountability.”
He has found a surprising ally in Ian McCall - the former Chief Justice of the Family
Court of Western Australia.
Attorney-General Daryl Williams asked Mr McCall to re-examine section 121 after
The Sunday Telegraph first revealed the Family Court had breached its own rules
of publication by allowing judgments to be posted on the Internet.
Mr. McCall recommended the lifting of reporting restrictions in all cases except
those involving parenting orders, welfare cases and child maintenance orders or
where a judge decided to suppress specific information.
Mr. MCall found the stringent rules on reporting had a negative impact on the court.
The report quoted a number of judgments in which his judicial colleagues touched
on the issue of the relationship between the law and the media and the public at
large.
One judgment said, in part: “Publicity is the very soul of justice. It is the keenest
spur to exertion and surest of all guards against probity.
“It keeps the judge himself, while trying, under trial.”
In another example, media coverage was said to: “provide a safeguard against judicial
arbitrariness or idiosyncrasy and maintain public confidence in the administration
of justice.”
The Attorney-General initially embraced the report, saying it gave what he describes
as “compelling reasons” to drop the Family Court ban on naming people.
His views were echoed by others who believed it would counteract flourishing conspiracy
theories about the court.
But, in the end, the Howard Government backed away from the reforms recommended
in the McCall report.
After a considerable number of submissions from community and welfare groups the
Federal Government decided in August 1999 not to amend section 121.
“It was felt on balance that the potential risks to children outweighed the benefits,”
a spokeswoman for Mr Williams said.
The issue is unlikely to go away but it is likely to be some time before any government
visits it once more.
In the meantime, if more “Davids” are awarded costs against the Family Court,
its press officer may only represent one side of the case - but at least we can
tell you his name.
One father's tale of horror
“I couldn't even afford to take the kids to Macca's”
“Someone must write this story,” the letter began.
What followed was an extraordinary tale of a man who, for years, has been charged
to support three children - although he only had one.
After eight years of paying maintenance, John Jackson* discovered two of the three
children he watched born during his four-year marriage were, in fact, fathered by
other men.
The proof is in the lab tests which show “the exclusion of” Mr Jackson as father
of his two youngest children “is considered 100 per cent.”.
Other evidence suggests his ex-wife knew with certainty her middle child was fathered
by another man and did not believe her husband was the father of the youngest child.
Mr Jackson says he was forced into having his children DNA tested because he was
being bled dry. At one point, because of a Child Support Agency error, he was paying
out $550 and left with $260 a fortnight to live on.
“I have never objected to paying maintenance, but it got to the stage where I just
couldn't live,” Mr Jackson said. “I still had the kids every second weekend and
I couldn't even afford to take them to Macca's.”
Unable to secure legal aid resources, he represented himself in the Family Court
two weeks ago. He knew what he needed to say, but when he faced the full bench of
wigs and gowns he became tongue-tied.
“What I really wanted to ask for was a refund,” Mr Jackson told The Sunday Telegraph.
The judges dismissed his appeal against an earlier ruling that his ex-wife did not
have to pay for the paternity tests.
Nor would the courts order her to reveal the names of the men who had slept with
at the time of conception of two of the couple's three children.
“They just didn't care that this woman, my ex-wife, had deliberately defrauded
me, the Child Support Agency and Centrelink and then used every trick in th book
and the Family Court to try and prevent discovery,” he said.
“I guess I'm lucky they didn't make me pay costs. She has used the system to crush
me financially and emotionally and it's a rort.
“I tried to do the right thing by those kids and the courts and the system penalised
me.
“The kids are saying” 'We still want you to be Dad.' It is heartbreaking.
I love those kids. In fact, I love them even more, because God knows if their real
fathers ever will.
“But I have been driven too far. I made a decision not to see the kids back in
December last year until this was resolved somehow or other.”
Mr Jackson said the discovery that his two youngest children were the progeny of
others was like a knife in his heart after all he had been through on their behalf.
The stress of trying to rebuild his life while the Child Support Agency extracted
three quarters of his wage forced the public servant off work last year and he remains
on sick leave.
He has been diagnosed as suffering major depression and anxiety by three psychiatrists,
and is on medication.
On top of this, the CSA now insists that, as of early this month he owes a further
disputed $39,679.
";"The Family Court has consistently pursued its critics by instigating contempt
charges. But lately these citizens have been beating their powerful foe. Sarah Harris
reports.
(Pix: View of a back of a man seated on park bench looking at chil"; "24";"fam";"Married
To The Mob";"The Weekend Australian";"2000-11-18";"Adrian McGregor";;"They call
it the Club, the male-dominated legal fraternity that looks after its own. Adrian
McGregor reports that, for some of those lawyers' wives, a broken marriage can mean
an unequal fight that leaves them angry, desperate and broke
Secret Men's Business
Under the Family Law Act, The Australian is unable to identify the parties to these
proceedings.
The relevant provisions are regarded as some of the most severely restricting laws
relating to publication of court events.
The law is designed to protect the privacy of families, so that individuals going
through difficult divorce, maintenance and custody cases can be free of the risk
of having their private affairs publicised.
Critics, however, say it prevents public scrutiny of the family law process and
therefore hampers discussion of an important political and moral issue.
CASE 1
Case 1 married a lawyer, had children and a sizeable mortgage. She filed for divorce
when she discovered he had a succession of lovers. She borrowed to survive until
she obtained a spousal maintenance order. Over six months, Case 1 spent $900 on
solicitors' letters to her husband, all unanswered. She twice briefed lawyers, only
to discover they were acquainted with her husband. At a conciliation hearing, expected
to last two hours, her husband arrived late and stretched the conference to five
hours. She paid her solicitor $200 an hour while her husband was represented at
reduced rates by a colleague. When Case 1's legal fees reached $35,000, she had
to represent herself in the Family Court.
CASE 2
Case 2 married a lawyer with a large practice, had children and lived in a grand
house with a small mortgage. Her husband took up with a girlfriend and filed for
divorce. Case 2 borrowed money for legal fees from her parents, but eventually had
to buy a copy of the Family Law Act and represent herself. Legal papers from the
opposing side were delivered in a timely fashion when she had a solicitor, but without
a lawyer they began arriving late. When her husband did not produce financial records,
she subpoenaed them from the bank, only to be presented with the bank's huge bill
for copying. Her spousal maintenance, which she had let accrue to make a new start
after the settlement, eventually was awarded to her solicitors in lieu of unpaid
fees.
THEY marry into society's elite, a world of privilege, status and wealth, yet it
is only if the wives of lawyers are unfortunate enough to end up in the divorce
court that they discover the true power their husbands wield.
Suddenly, all the legal clout that has enriched their marriage can be turned against
them in a horrendous sequence of court cases, leaving them bankrupt, broken and
frustrated -- and demanding changes to the Family Law Act.
The Family Court is renowned for instances of male anger and violence erupting over
perceived injustices in litigation with ex-wives, but for ex-law wives the tables
appear to be turned.
In dramatic cases, which The Australian can now expose, some wives have revealed
their suffering at the mercy of their lawyer husbands in contested custody and property
settlements. One wife of a lawyer told The Australian how she was bankrupted through
a multitude of court appearances, in the Family Court and other jurisdictions. After
living in an expensive home, enjoying the proceeds of a practice with a large turnover,
she is penniless, renting a house with her young children.
Another law wife, also reduced to near penury, reveals that her legal fees amounted
to more than five times her husband's even though -- until she ran out of cash --
they were equally represented by lawyers throughout the settlement. The husband's
costs were a fraction of hers because of a practice called ``mates rates'', where
solicitors and barristers work for each other at discounted rates. The effect is
that a lawyer can protract Family Court proceedings to the point where he can bankrupt
his wife.
Lawyers refer to the vast fraternity of lawyers as the Club and nobody -- Family
Court lawyers, law academics or law society spokesmen -- denies its practices or
its unjust impact on opposing litigants. The ex-wives say they know of other divorced
law wives who have suffered similarly but are afraid to come forward because they
fear their former husbands will drag them back into court to challenge hard-won,
traumatic settlements.
Says one wife: ``I've attended enough damn cocktail parties with lawyers to know
they all oil each other's wheels. I always believed that, despite what I overheard
in conversations about certain cases, that they acted with utmost integrity. But
I look back now and see it in a very different light.
It is contemptible. My husband manipulated the system to run up my bills so I ended
up with nothing from the marriage.''
Another ex-wife speaks of professional favours provided by legal colleagues to her
husband during the trial.
``Solicitors are looked upon as gods within the system,'' she says. ``They know
everyone, from the judges' associates to the court filing clerks. If your husband
is a solicitor, you have absolutely no chance against him.
``I'd say there's an 85 per cent chance that your own solicitor will be intimidated
into doing a deal with him because your husband will threaten to run up the costs.
Your husband's solicitor might say to your solicitor,
`Either accept what we offer or we'll give you such a run around, we won't give
you documents and you'll have to work so hard that in the end she won't be able
to afford to have you represent her.'''
The ex-wives, and their cases, cannot be identified under Family Court rules designed
to protect the privacy of the litigants in no-fault divorce and property settlement
proceedings. But the women are adamant that this secrecy also protects Family Court
proceedings from open and public scrutiny, allowing exploitation to flourish.
The plight of the ex-law wives came to light following revelations in the US that
judges and lawyers in New Hampshire had conspired to achieve sweetheart deals in
the divorce court. The Chief Justice of the New Hampshire Supreme Court, David Brock,
was impeached, but on October 10, however, the New Hampshire Senate overwhelmingly
acquitted Brock. The senators concluded that although he might have shown poor judgment,
he was not guilty of misconduct (full story, Page 24). Another New Hampshire judge
resigned after a group of ex-wives banded together to expose the corruption.
There is no suggestion that Australian Family Court judges are in any way corrupt,
but lawyers involved in property settlements or child custody hearings in Australia
can employ a litany of tactics, all perfectly legal, designed to protract proceedings
to magnify legal costs. The tactics range through minor breaches of court orders,
vexatious applications for variance of court orders, last-minute requests for adjournments,
late attendance at conferences, late service of affidavits and ignored letters.
While the lawyer-client's costs for legal documentation and successive court appearances
are minimised by colleagues representing him at substantially reduced rates, his
wife is charged full fee, eventually exhausting her funds. When asked why he extended
this discount to lawyer-clients, one Family Court lawyer replied, ``It's a sort
of professional courtesy.''
Wives who exhaust their funds and attempt to represent themselves in court become
easy prey for opposing lawyers despite the Family Court's best endeavours to ensure
equality of proceedings. At least two ex-wives who spoke to The Australian eventually
had to represent themselves in court after running up legal fees of close to $35,000.
One says that her crucial valuation of her husband's legal practice was not accepted
because she filed it on the day of the trial. Her husband's lawyer complained that
it might take him days to examine the valuation.
Says the wife: ``Yet I had matters filed on me on the day of the trial all the time.
I felt I was being penalised for being in court on my own, without the status of
a lawyer.''
She says that although judges are honourable, they are only as good as the information
they are given.
Michael Berry, family law lecturer at the University of Western Australia, says
the problem for the Family Court is the increasing demand on its resources.
``There is such a growing number of unrepresented litigants that proceedings are
protracted by people who, through no fault of their own, are unfamiliar with court
process,'' he says. ``The court is caught between knowing how much to advise them
without seeming biased in favour of unrepresented litigants. It's a difficult tightrope.
In the past 12 months the Family Court of Western Australia, under the direction
of the Chief Judge Michael Holden, has produced a Litigants in Person handbook to
assist unrepresented people going to trial.''
Although mates rates may well be employed in other jurisdictions, it's impact in
the Family Court is devastating given the emotions involved in dividing children
and property. Berry readily concedes solicitors may offer discounted rates to colleagues.
``Where one party is able to afford decent legal representation and the other party
is not, the simple fact is that you get what you pay for,'' he says. ``It is not
uniquely related to solicitors. People who aren't lawyers, if they've got friends
in the profession, may get discounted rates from their associates.''
The Queensland Law Society's family law committee chairman Peter Sheehy says of
mates rates, ``I'd be silly to deny it happens because it does. I haven't seen a
barrister appear for nothing but certainly there may be some concession given on
the fees.''
But Sheehy says the last thing family law practitioners want is a lawyer-client
who ends up in a courtroom trial. ``We had one judge in Brisbane who was very critical
if a family law barrister or solicitor appeared before him. His attitude was that
the family lawyer should have known the matter could be better settled by pre-trial
negotiation.''
The ex-wives describe the preparation for each court date as gut-wrenching.
``I was used to it in the end and wasn't that scared,'' says one wife. ``But
I had so many appearances I eventually bought a textbook of the Family Law Act and
identified the loopholes in the act which keep you on the treadmill.
When my husband flatly declined to turn up for a compulsory conciliation conference,
a registrar just said, `I'm not impressed' ... and that was all.''
When her husband didn't obey court orders, she was advised to apply to the Family
Court for a contravention of orders.
``But it could cost you another $5000 in legal fees just to get the other party
to obey the orders,'' she says.
``Why should I pay if they won't follow orders? Solicitors just laugh at it. If
parties don't show up for compulsory conferences or don't obey orders, they should
be fined or arrested and made to pay the cost of the application. I believed every
time I walked through those court doors that justice would be done but my QC said,
`It won't be. I've been in this game 25 years and it doesn't work that way.'''
Last month, the Full Family Court warned that, in future, obstructive and disobedient
litigants would find themselves denied the right to argue their cases. In an appeal
decision on a case referred to as ``T&T'', the court found that a husband had been
``hell-bent on delaying the trial''.
Berry says the case indicates the court intends to take a more stringent view on
those who breach case management orders. ``But in order for the court to impose
a fine or a term of imprisonment,'' he says ``the court has to be satisfied that
the person deliberately contravened the order and that it was a flagrant challenge
to the authority of the court. It's not yet clear to what extent the court will
link such breaches of its orders to such fines or imprisonment.''
An experienced Family Court solicitor says the contravention of orders provision
does not operate as a deterrent at all.
``A breach of orders will only attract sanctions upon the application of the aggrieved
party,'' he says. ``It takes a long time and costs a lot of money.
At worst it will put the alleged offender in a `show cause' situation and if you
can dream up a plausible explanation to offer the judge you probably won't be dealt
with at all. If you are, it will be one of those wrist-smack things like a modest
fine or a good behaviour bond.''
Berry concedes the veracity of these comments.
Another regular tactic is asking for adjournments after the wife has arrived at
court with her barrister -- costing at least $2000 a day -- and solicitor, charging
$200 an hour.
Both Sheehy and Berry say in that instance, if the delay can be shown to have prejudiced
the other party, the wives' lawyers can ask the judge for costs to be reserved against
those who cause the delay.
But the Family Court lawyer says in practice judges are reluctant to exercise their
discretion in this way and usually send the parties away to return at a later date
at their own cost.
``If judges can be persuaded to make a costs order at all, and in my experience
it is rare, it is usually for a comparatively modest amount,'' he says. ``If you
look at the ledger, it will probably have cost the wife at least $1500 for the wasted
day and they'd be lucky to get $300 in costs.''
One law wife remarks: ``You'll find all our stories are the same: delayed trials,
lost papers, award reassessments, all the time cranking the legal bills up and up.
``My husband warned me when we separated that if I didn't do as I was told I'd be
sorry. But he was wrong. I'm not sorry, I'm angry.''
";"They call it the Club, the male-dominated legal fraternity that looks after its
own. Adrian McGregor reports that, for some of those lawyers' wives, a broken marriage
can mean an unequal fight that leaves them angry, desperate and broke
"; "25";"fam";"Street Protester Beats Judges at Own Game";"The Australian";"2000-03-08";"Bernard
Lane";;"The Family Court brought contempt charges against a father hostile to its
decisions but, writes Bernard Lane, could not sustain them.
Half an hour after the collapse of the highly unusual contempt of court case against
him, PT, a 49-year-old pensioner, was back outside the Family Court building in
Melbourne, proffering pamphlets and crying out, “Read the facts about the Family
Court”.
Perhaps immodestly, PT says: “My job is to close down the Family Court.” He cannot
be identified because he has been a family law litigant.
PT is also keen to say what he is not. “I'm not a lunatic, I'm a loving father.“And
I'm not a woman-hater - that's how I got myself into trouble, because I love women.”
There appears to be little love lost between him and the court.
PT says the judges wrongly denied him contact with two of his children, a son aged
10 and a daughter, 9. Like a few others, typically men, who have lost their cases,
he began a quasi-political campaign - pamphleteering and sloganeering midway through
his seven years of court proceedings. In September 1998, after two years of having
PT demonstrating on its Melbourne doorstep, the court reacted.
PT found himself hauled in before a judge. He was charged with an old, rarely used
form of contempt. Contempt by scandalising the court represents an attack on its
authority or influence.
PT it was alleged, had handed out leaflets titled “Killers!” and “Blood on who's
[sic] hands?” accusing the court of anti-male bias and responsibility for deaths.
(He says the court confused other critic's pamphlets with his.)
He was alleged to have shouted that the judges were “shit-scared” and “terrorised
and afraid of the truth”.
PT was hardly alone in assailing the court with complaints. A month later, the critic's
circle in family law drew another reaction, this time from Chief Justice Alastair
Nicholson. In well-publicised remarks, the Chief Justice spoke of a “sinister element”
among the critics.
“I have absolutely no doubt that there are many persons associated with men's groups,
in particular who have an agenda to change the law to the disadvantage of women,”
he said. “A feature of their rhetoric is a complete absence of concern for children
other than as objects of their right and entitlements. Many demonstrate, in strident
terms, outside the court.”
On January 17 this year, PT's trial began. It was to be the lead prosecution in
an unprecedented series of trials for scandalising contempt. Three other critics
of the court faced similar allegations.It was the Family court itself, through its
marshal, that brought the charges. The penalty was a fine, prison or both, with
no set maximum. The court briefed two senior barristers - Robert Redlich QC and
Jeanette Morrish QC - to prosecute. PT had legal aid and a junior barrister. One
of the Family Court's judges was to put him to trial, since there is no jury in
contempt cases.
Last week that judge, John Ellis, whose fairness nobody questioned, threw out the
case against PT.
“I was on the street [in front of the court] within half and hour,” PT told The
Australian. “I handed out about 300 posters.” Samples of these appear to be more
innocuous than those that prompted the court to prosecute.
The court has not yet made available a transcript of Justice Ellis's reasons, but
the broad dilemma of contempt law is not a new one. It is supposed to protect public
confidence in the courts from damaging, even violent attack.
In 1980, David Opas, a Family Court judge was shot dead. In 1984, a bomb exploded
at the home of another judge, Richard Gee. That same year an explosion killed a
judge's wife, Pearl Watson.
Tony Graham QC, who recently returned to the bar after 10 years as a Family Court
judge, says: “There comes a limit to what a court has to put up with. I don't think
people in the public quite realise just what the judges in the Family Court have
to put up with. One fellow threatened to blow me up.”
Nobody defends violence, but the difficulty lies in drawing the line between acceptable
criticism and contemptuous attack. Sometimes, irrational abuse may be better ignored.
Without knowing the details of PT's case, Graham, for one, is not particularly concerned
about critics demonstrating outside the courts. “It's a democracy - if people want
to stand around in the street handing out placards, I'm not too fussed about that.”
Sensitivity to criticism is, however, a topical theme in the Family Court. When
the Chief Justice recently attacked the Australian Law Reform Commission for suggesting
changes to the court workings, some judges told the law reformers privately they
were “mystified at the fuss” being made in the name of the court.
PT's former solicitor, Gabriel Kuek, of Kuek & Associates in Melbourne, thinks scandalising
contempt is a charge that has passed its use-by-date. “Such charges touch on issues
such as the rights of people in a free democratic society to express political opinion
freely.”
Kuek represents two of the other court critics charged with scandalising contempt.
It is unclear whether the court will now proceed against them.
When aspects of PT's case when to the High Court, last year, two judges pointed
out that this kind of contempt was controversial and might need to be tested against
the Constitution's guarantee of freedom of political speech. As president of the
Aust5ralain Council for Civil Liberties, Terry O'Gorman is well aware of the free
speech objection to contempt.
“But to protect the integrity of the court system - not to protect the sensibilities
of particular judges - there really has to be a level of behaviour beyond which
charges have to be brought,” he says.
Even so, O'Gorman says, contempt trials should be heard by juries, not by a judge
alone, and the decision whether to bring charges should be made by an independent
prosecutor, not by the court. “Judges bringing and hearing contempt cases is totally
anachronistic.”
";"The Family Court brought contempt charges against a father hostile to its decisions
but, writes Bernard Lane, could not sustain them.
Half an hour after the collapse of the highly unusual contempt of court case against
him, PT, a 49-year-o"; "26";"fam";"Reformers Return Fire at Family Court";"The Australian";"2000-02-18";"Bernard
Lane - High Court Correspondent";;"ALRC Report draws suggestions the Chief Justice
of the Family Court should stand down!
The release of the Australian Law Reform Commission final report into the Australian
federal justice system confirms their interim findings that the Family Court has
a history of failed reform and is inflexible. Following the release of the interim
report the discussion degenerated, not unexpectedly, into a public slanging match
with verbal blows traded between Prof David Weisbrot, ALRC and Alastair Nicholson
- the Chief Justice - expressing views such as, “What the Law Reform Commission
seems to have done is to go around, and the whole report is shot through with anecdotal
comments by unnamed people making those sorts of remarks. Now, if that's what they
regard as research, it's certainly not what I regard as research. It's a completely
sloppy, unstructured exercise designed to reach a conclusion they'd apparently reached
before they started.” [ABC Radio 20/8/99] The general opinion seems to be that
the Australian Family Court and its officers are not receptive to constructive criticism
from outsiders.
The Family Court is a beleaguered and defensive institution with a history of failed
reform and hostility to constructive criticism, the federal Government's chief law
reform advisers have reported.
The Australian Law Reform Commission yesterday urged yet another external review
of the court, saying lawyers who used the court had little confidence in internal
reform.
In a 700-page report of the federal justice system, the law reformers have made
an issue of the vigorous attacks made on them by Family Court Chief Justice Alastair
Nicholson, when in a discussion paper last year they criticised the court's bureaucracy
as inflexible.
His reaction to criticism by anyone but court-sanctioned experts helped explain
the frustration and lack of trust among family law practitioners, and helped justify
an external review within two years, the report said.
Justice Nicholson had attacked last year's proposals for changes in case handling,
yet law reformers later learned the court had been considering similar reforms internally,
commission president David Weisbrot said.
Yesterday's report suggests that in his attempt to discredit the law reformers last
year, Justice Nicholson misrepresented overseas experts on case management.
In an interview with The Australian, the Chief Justice rejected these accusations
as “nonsense” and said the law reformers had been sloppy, irresponsible, engaged
in a cover-up of past failings, were poor scholars and biased.
“The whole thing has been, I think, a quite vindictive reaction to the fact that
we pointed out their deficiencies,” he said.
He said the reformers had failed at first to interview key experts and collect essential
information. The commission blames the court for delayed provision of material it
requested. Justice Nicholson's longstanding complaint is that the court is underfunded,
but the report says until it is clear funds are efficiently used, it will be hard
to mount a case for more.
The report found that court's judges were divided over Justice Nicholson's criticism.
Some judges said they were “happy for the (law reformers) to say things that judges
felt constrained from saying” and others were “mystified at the fuss” their Chief
Justice made.
Justice Nicholson said: “Obviously, there'll always be, among 53 judges, a few
people who'll no doubt be disaffected about something or another. I know that I
have the full support of the judges.”
The Law Council of Australia said the reformers' commentary on the Family Court
was “balanced and pragmatic”.
The main points of the report:
Federal Court good for the economy Corporate lawyers rated the Federal Court 'world
class'. Law reformers say Federal Court dispute resolution should be sold overseas
as a part of Australia's promotion as a regional finance centre. The court's expertise
in intellectual property - important to foreign companies - was singled out.
Class actions called to order Twenty Federal Court class actions now under way with
potential claims of $3 billion.
Reformers say need for clearer rules about how judges choose between competing class
actions arising from the same dispute.
Also, more attention to ethics of lawyers on both sides of a class action, and fairness
of cost agreements with class members.
Cost cutting Case for better information about going rates for legal fees. Legal
bodies should publish sample fee rates on their Web sites.
Courts should change the way they calculate costs, putting an end to lawyers' charges
for photocopying and 'perusal of documents'. New fee scales should be based on 'case
events' of varying complexity, from taking client instructions, through discovery
process to trial and judgment.
Costs would be higher at start of proceedings to encourage early settlement.
Litigants would have a better idea at outset of costs they could recover from the
other side if they win.
Parties would have to pay any extra costs they run up, discouraging needless litigation.
Benefits of Lawyering:
People represented by lawyers were more likely to reach a settlement, and avoid
a costly hearing, in federal tribunals. END
Other articles that made mention of the problems identified in the ALRC Report:
Discussion of the problems associated with the political-judicial activism undertaken
by the Chief Justice of the Family Court and his hostility to criticism were raised
in The Australian & Brisbane Courier Mail editorials and in an article published
in the Australian Financial Review [19/2/00].
Courier Mail editorial Saturday 19-2-2000 says under the heading “Reform essential
for Family Court”....
”....... Justice Nicholson's defensive response to the commission's report is of
concern, given the obvious need for reform in the court. The Family Court is addressing
many of the problems raised in the commission's report. But if the court is to improve
on its record and become more consumer friendly, it is important for it to encompass
independent criticism.”
The Australian, even more direct, said,
“Public need must guide the Family Court”
”...........The court is now entering a crucial period. In two years there may
be an external review. An alternative, more streamlined court, using magistrates,
is being set up, and its rationale is closer to the original that the contemporary
Family Court. It is time for Justice Nicholson, who has been chief since 1988, to
ask himself whether he has the detachment and judgement to lead the court through
this difficult period. His court inevitably suffers unfair and sometimes virulent
attack and it is understandable that someone in his position may become less able
to identify constructive criticism. But as he himself often says, the court's work
and the welfare of its litigants are vitally important. Those public interests must
ultimately decide the question of leadership.”
";"ALRC Report draws suggestions the Chief Justice of the Family Court should stand
down!
The release of the Australian Law Reform Commission final report into the Australian
federal justice system confirms their interim findings that the Fam"; "27";"fam";"Child
payments: A-G's Advice on Jailing 'Wrong'";"Canberra Times";"2000-01-12";"Aban Contractor";;"Attorney
General Daryl Williams has been accused of deliberately misleading a Government
Senator over plans to jail parents who fall behind in child-support payments.
Prominent advocacy group, the Men's Rights Agency, claimed yesterday Mr Williams
was wrong when he said tough new jailing provisions planned for maintenance defaulters
would apply only to those with court orders predating the Child Support Agency.
Men's Rights Agency director Sue Price said legal advice showed that proposed legislative
changes currently before the Senate would give the Family Court new powers to jail
thousands of men and women regardless of whether they separated before or after
October 1989.
But a spokeswoman for Mr Williams said the information given to Queensland Senator
Brett Mason was correct.
“It is the Government's view that the legislation does not apply to Stage 2 (parents
who separated after October 1989) people,” she said.
Mrs Price said the legislation was also unfair because jailed parents would still
have to pay the outstanding debt. “It penalises parents and children; they should
be encouraging contact with kids, not locking people up,” she said.
Mr Williams's spokeswoman conceded those jailed would still have to pay child-support
arrears.
“Just because they haven't paid on time doesn't mean the children don't need the
money,” she said.
In a letter to Mrs Price dated November 14, Senator Mason wrote: “The amendment
will only allow the imprisonment of a maintenance defaulter where the failure to
make payments in respect of a child is wilful or fraudulent.
“It will not apply in cases where the paying parent cannot afford to pay or who
is simply late in paying, or where there are other mitigating circumstances.
“The Attorney-General emphasised that these amendments do not apply to people whose
child support liability is assessed under Stage 2 of the Child Support Scheme.”
But legal advice obtained by Mrs Price said Stage 2 parents would be caught by this
provision. This amendment gives the court power to impose an order that a person
be imprisoned for non-payment of child support,” the advice said.
“This power did not previously exist. This power can apply to all Stage 1 and all
Stage 2 Child Support Scheme matters where the court has made a Departure Order.
Mrs Price said she was convinced Stage 2 people would be caught in the net.
“Part of the appeal process for an unsatisfactory review of child support is to
have the matter determined by the Family court,” she said. This results in a court
order for maintenance which, under the new legislation, could, if the parent defaults
in their payments, result in a prison sentence.”
";"Attorney General Daryl Williams has been accused of deliberately misleading a
Government Senator over plans to jail parents who fall behind in child-support payments.
Prominent advocacy group, the Men's Rights Agency, claimed yesterday Mr"; "28";"fem";"Revolt
and Retribution - Feminists Revolting Next Year?";"The Australian";"1999-12-31";"Graeme
Leech";;"Some feminists seem to think they should support the sisterhood right or
wrong. Sometimes, ardent feminists cannot see beyond their categorisation of all
men as anti-women. Which makes it a bit tough to engage them in a debate that looks
at issues without the prism of gender politics deflecting the argument on to a tangent.
Melba should explain this out-of-the-blue position statement. On Tuesday, we referred
to a feminist reaction to an excellent article on the failings of the Family Court
published the previous Friday in The Australian.
Betty McLellan from Townsville sent an email to her like-minded sisters describing
the author, Mr X as a men's rights fanatic. His story speaks for itself.
McLellan urged recipients of her message not to read the “disgusting article“,
otherwise they might spend the holiday period throwing up. Somewhat discourteously,
Melba referred to McLellan's “revolting” followers. If any offence was taken,
we regret it. We were merely alluding to McLellan's e-mail postscript enjoining
feminists to be “more revolting than ever” in the next century.
E-mail chauvinists
Who needs Y2K bugs to cause meltdowns in the nation's e-mail system when the sisterhood
is quite capable of achieving it in reaction to a couple of inoffensive paragraphs
from Melba. We've been flooded with angry rants about our mild support for Mr X,
who was accused by Mclellan of writing “utter garbage”.
Only Kathleen Swinbourne of the Sole Parent's Union has bothered to attempt a relevant,
intelligent response. Even Eva Cox writes about Melba's spluttering spleen without
attempting more than a nod towards the core of the issue. Perhaps she's saving it
for an opinion piece in The Australian sometime in the new year.
A snitch among sisters
To conclude on this matter - which, don't forget started because a male journalist
wrote an excellent critique of the inadequacies of Australia's family law and its
impact on him and his young children - we'll answer a key question posed by the
sisterhood. How did we get hold of McLellan's absurd e-mail? It was passed to us
by an anonymous source. It seems there's a viper in the bosom.
By the way, an e-mail from Kate Orman claims McLellan's original communication was
“a casual joking comment”. She should ask victims of the Family Court it they
think it's funny.
";"Some feminists seem to think they should support the sisterhood right or wrong.
Sometimes, ardent feminists cannot see beyond their categorisation of all men as
anti-women. Which makes it a bit tough to engage them in a debate that looks at
issues without"; "29";"fam";"“Family Court Makes Disputes Worse“";"The Australian";"1999-12-30";"Letters
to the Editor";;"Family Court Unfair to Men
I applaud The Australian for publishing the articles “Court Out” and “Trial Separation”
on Christmas Eve. For too long the media have been silent about the difficulties
faced by litigants, especially fathers, in the Family Court of Australia.
I must however, dispel a myth that is in danger of becoming accepted as fact and
is referred to in today's editorial “Families need new ways of ending strife”
(27/12).
Your editorial has relied on a claim that because only 5 per cent of Family Court
cases are decided by a judge, then it follows 95 per cent are happy with the outcome
of their separation agreements.
That is not the case. The system is so long winded and the entrenched maternal preference
so apparent, many men are forced to accept agreements that offer little contact
to their children or little in the way of fairness.
Despite wishing to proceed, many withdraw when they run out of money, especially
when there is a seemingly endless supply of Legal Aid funding for the other side.
Often cases don't get beyond the first step - a Legal Aid mediation conference when
pressure to agree is immense - often under threat to remove funding or threat that
“you'll pay all the costs” (yours and the other party) for any future litigation.
Some counsellors are adept at convincing fathers that more harm than good will result
from them wishing to spend time with their children, when faced with a mother who
is determined to deny contact.
The final sell-out often comes from the least expected quarter - the father's solicitor.
After many weeks of negotiation, letter writing, document preparation - his advice
maybe “this is as good as it gets, so sign the consent orders” (i.e. an offer
of every second weekend contact with the children), or “do not proceed to court
seeking residency - you have no chance of success”.
I doubt the 95 per cent have ever been asked if they signed the agreements willingly.
Perhaps it is time to ask those searching questions. A Royal Commission into the
Family Court would be welcomed, for they have, for too long, remained in hiding
behind their cloak of secrecy.
Sue Price
Men's Rights Agency
Waterford , Qld
Justice Nicholson claims that the Family Court “assists parties to resolve their
disputes” (Letters, 27/12).
I beg to differ. The very nature of the Family Court is guaranteed to make disputes
worse, due to the adversarial nature of proceedings and the assumption from the
outset that the children of divorce are a prize to be awarded to the winner..
The $20,000 to $100,000 couples spend on legal fees could better be spent on mediation,
counselling, parenting and relationship education or in many other ways that will
make divorce easier on the children. For this sort of money each party could have
a case worker visit them daily for a year, and actually resolve the underlying problems
that are otherwise played out on the battlefield of the Family Court.
In the small minority of cases where the divorce involves violence, the justice
system may need to be called on, and children protected from the abusive parent.
However, in most cases the starting point should be that both parents will share
parenting and financial support of their children, and serious efforts to make this
work.
If a child is sick we don't just say “here's an aspirin, if that doesn't work too
bad” on the grounds that proper care is too hard and expensive. Why then do we
put such a low value on our children's emotional wellbeing?
Peter Vogel
Faulconbridge, NSW
It is pleasing to see a paper having the courage to print the article “Court Out
- One man's battle for his kids” (24-26/12)
The Family Court specialises in first removing parenthood, then property, possessions
and pride from any loving father through any means available to them, and any woman
even considering a change in lifestyle without the father of her children being
involved knows full well the power that she has at her disposal through the threatened
use of this court.
Similar stories could fill page after page of our newspapers daily if any journalist
bothered to hunt out these men who have been churned through this system. I am one
of those stories, but I am forbidden to publicly give that story, by a piece of
Family Law legislation known as s121, that is designed to protect the children,
but in fact does far more to protect our judges and their decisions from any close
scrutiny.
NAME SUPPLIED
South Australia
My hearty thanks to The Australian and Mr X for having the courage to publish “Court
out - One man's battle for his kids”.
From personal experience I know without any doubt that everything Mr X wrote is
true, because he did no more than describe how the Family Court industry operates.
There are many fathers quietly battling “the system”. In my own case, even though
I have committed no crime, and want more than anything else to be a good father,
I have had my little son taken away from me via the court process - and, of course,
my little son has lost his father.
NAME SUPPLIED
Victoria
It is understandable that Justice Nicholson (Letters, 28/12) should attempt to defend
his court. It is also disappointing that he refuses to acknowledge there is anything
wrong with the way the Family Court functions.
Many other people now acknowledge that separating the work of the Family Court from
other courts was a psychological blunder. It has allowed for an expensive growth
industry which is less interested in serving those who come before it than in ensuring
that it serves those who work for it.
I have heard many stories about the Family Court (from both sides of the same relationship)
and, even allowing for a desire to exaggerate, I am aware that the experiences of
“Mr X” are likely to be close enough to the truth to be cause for concern.
In denying this the judge is doing himself and his colleagues as well as those who
come before the court a great disservice.
K.M. GUNN
Lower Mitcham, SA
Congratulations for publishing the informative article “Court out: one man's battle
for his kids”.
Although a happily married man, I am aware of the poor treatment meted out to fathers
in the name of family law, and the irrational doctrines which allow it to happen.
Much of the problem would be solved with changes to provide default equal parenting
on separation, with variations from this requiring agreements by both partners.
The Family Court fiasco also highlights the need for men's interests to be recognised
and represented at a political level, through an office of the Status for Men.
Dr Vincent A. Patrick
Duncraig, WA";"Family Court Unfair to Men
I applaud The Australian for publishing the articles “Court Out” and “Trial Separation”
on Christmas Eve. For too long the media have been silent about the difficulties
faced by litigants, especially fathers, in"; "30";"fam";"Families Need New Ways
of Ending Strife";"The Australian";"1999-12-27";"Editorial";;"The Australian Editorial
that appeared as a follow-on to the “Court Out” and “Trial Separation” articles
that appeared on Friday 24 December.
Christmas and New Year is a time of happiness and family security - but not for
everyone. It is also a period that reveals the strain and conflict within some relationships
and families. Fortunately, there is a growing awareness that a society cannot function
in a healthy way if too many of these basic human link easily break.
In government there is a realisation that a different approach is needed. It is
a paradox. The starting assumption for a new policy must be that policy can only
do so much. Government has to encourage people to be self-reliant. Individuals must
take greater responsibility for themselves and their families. This means more emphasis
on preventing conflict, through education and counselling. Sometimes a mark of success
in a pre-marriage program will be two people deciding they are not, after all, meant
to be together. When conflict cannot be prevented, it must be resolved without making
it worse. It has to be done quickly, cheaply and fairly, in a way that engages the
people involved and encourages them to accept the outcome. Non-government agencies
have the potential to offer a wide range of services - such as counselling and mediation
- and the federal Government is right to encourage their growth.
For too long the Family court, and bitter argument about its workings have dominated
public perceptions about family conflict. Certainly the experience of being a litigant
in the court can be disillusioning. In its Christmas weekend edition The Australian
published the account of one such litigant. Of course, there are always other points
of view - those of another party, for example, or of court officers. Only 5 per
cent of Family Court cases ultimately need a decision by a judge. Some of those
cases could be dealt with more quickly and less expensively, removing causes of
further resentment and conflict. Other cases entail unnecessarily protracted litigation
before they settle. And there are cases that could be dealt with more conveniently
by a non-government agency in a rural or regional area.
Where litigation cannot be avoided it should be made as short and simple as possible.
For this reason, the new federal magistrates service, expected to begin next year,
is a promising, if modest, venture. The idea is that magistrates with streamlined
procedures will relieve the Family Court of simpler cases.
The Government's promotion of alternatives meed not be seen as a threat to the court.
It may mean that the court finds itself with a more coherent and manageable mandate.
Constructive criticism aside, the court has also suffered unreasonable attacks,
made inevitable by its sheer prominence in the difficult field of family law.
If agencies do more conflict prevention and resolution, and the magistrates handle
more litigation, the court should be able to concentrate its expertise on the more
difficult and complex cases. The courts's Magellan project illustrates the potential.
This project involves Victorian cases where there are serious allegations of child
abuse. Taking a team approach, and with good co-operation from state agencies, the
court has been able to resolve these difficult cases relatively quickly. The benefit
is not just a saving of time and resources but probably the prevention of serious
long-term damage to families. Better prevention and quicker remedies - these approaches
will be in demand as family policy evolves.
Go to MRA's letter in response, published on Wednesday 19 December 1999
";"The Australian Editorial that appeared as a follow-on to the “Court Out” and
“Trial Separation” articles that appeared on Friday 24 December.
Christmas and New Year is a time of happiness and family security - but not for
everyone. It is al"; "31";"fam";"Letter to The Editor";"The Australian";"1999-12-29";"Chief
Justice Alastair Nicholson";;"Father's story undermines faith in the court system
Your Focus story “court out” (24-26/12) has given an anonymous individual (apparently
a journalist) the opportunity to personalise his version of a Family Court dispute
in a highly dramatic manner to a national audience.
In publishing this sensational account The Australian has managed to send a poisonous
Christmas message to the many families for whom Christmas is already a difficult
time because of family breakdown.
It also succeeds in undermining faith in the judicial system in a most irresponsible
manner, and in unfairly criticising dedicated legal and other professionals who
work in one of the most difficult and stressful areas of the law.
The Family court cannot respond properly to this scurrilous story because of restrictions
on the publication of details of Family Court proceedings, nor can it verify or
check the accuracy of the allegations made because of their anonymous nature.
In publishing one side of what is inevitably a complex story, The Australian has
shown a complete abdication of its responsibility to the public and to the concept
of balanced journalism. Long experience in family law shows that many people are
able to be objective about their involvement in such proceedings and when such accounts
are examined from both points of view, the real story is very different.
It is all to easy to blame the Family Court for failing to solve the consequences
of relationship breakdown but perhaps it is time to ask as to why the author and
people like him were unable to do so themselves.
The court always encourages and assists parties to resolve their disputes, but it
must be realised that if they are unable to do so, the umpire's decision if not
always what they want.
Your story has done much to encourage those who bring a sense of not only irresponsibility
but violence to family relationships and may well have put at risk women and children
involved in family law matters during the tense festive period.
Alastair Nicholson
Chief Justice of the Family Court of Australia
Melbourne.
";"Father's story undermines faith in the court system
Your Focus story “court out” (24-26/12) has given an anonymous individual (apparently
a journalist) the opportunity to personalise his version of a Family Court dispute
in a highly dramat"; "32";"fam";"COURT OUT - One Man's Battle for his Kids";"The
Australian - Weekend Focus";"1999-12-24";;;"IN AUSTRALIA TODAY:
About 70 per cent of the more than 2000 male suicides each year are caused by relationship
break-up, with nine male suicides to every female suicide.
About 80 per cent of the Commonwealth Legal Aid budget is spent on family law, the
bulk going to private lawyers for women.
About 40 per cent of Legal Aid cases are funded against an unrepresented party.
More than 1 million children are in single-parent homes, with only 3 per cent in
shared care arrangements and 97 per cent in sole care arrangements.
About 73 per cent of children living with one parent see their other natural parent
less than once a week.
About 30 per cent see their other parent once a year or less.
I was in the middle of an excruciating three days of being cross-examined in the
Family court of Australia, an experience that cost taxpayers many thousands of dollars.
It had been an intensely difficult two-year journey getting here. I had done everything
I could do to protect the children, and recently everything I could to settle the
matter. I had represented myself almost all the way through. I didn't have the money
to pay people thousands of dollars a day to argue over my family situation.
While I could not get legal representation, my ex was being funded through Legal
Aid. She had an aggressive barrister, solicitor and legal assistant who used every
destabilising tactic they could think of. None had met the children.
In all those days of cross-examination I was never asked about my relationship with
the children or attitudes to parenting. Past relationships were referred to snidely
as “sexual difficulties“, things that happened 20 years ago flung in my face.
I can't pretend to have been the cleanest of skins throughout my life, but as I
said in court: “I might have a history, but I also have a present. I get up, I
go to work, I pay my taxes and I have every right to expect that the mechanisms
in this society which are supposed to protect my children will also protect my children.”
I work as a journalist but had never been a court reporter. I naively expected the
system to work. It does not. I expected consistent honesty, accuracy and decency
when it came to children. I found nothing of the kind.
My former partner had never been the children's primary carer. those children grew
up either with me, in care or at scholl. It was logical they should live with their
dad.
After a period when relations in the household deteriorated into shouting abuse,
she finally left on Fathers Day, 1997. On the advice of the police I approached
the Family court.
It was a terrible time. The children were so distressed, their world was caving
in. I got a pile of bewildering forms from the court and set to, calling on all
the help I could.
Finally the ex conceded, but then the mother-in-law got into the act, paying for
a lawyer and making things a damn sight worse.
The first order I sought was for the children to have a separate legal representative
through Legal Aid - mistake number one. I had no idea of the scandal attached to
the legal representation of children.
The initial order, made by a female judge, had the children with me five days, four
nights. These orders suited the children. They got to see their mum but had a stable
place to live. Most of the people who have been helpful to me through all this have
been women. Women, you see, know what other women can be like.
Mistake number two: at the insistence of the separate representative I agreed to
a family report by a court-appointed psychiatrist. I found it biased and inaccurate.
It is in the family reports that the alchemy of truth characteristic of the court
occurs: where black can be turned into white, junkie mums into sober paragons of
maternal virtue and men into violent sub-Neanderthals. It is here where the accusations
of women, no matter how implausible, can be reported as fact.
The children settled in the months following the initial orders. all the time I
was preparing for a full hearing, getting to work, looking after two children.
The matter was in and out of court, each staging post a nightmare. The case passed
through the pre-trial conference, legal complexities never explained. “Get yourself
a lawyer.”
I negotiated all the complexities of the court, financial statements, affidavits,
compliance checks. Like many men, I became something of a bush lawyer, read everything
on what is now the country's most controversial jurisdiction.
In the surreal world of the court administration there is noe appreciation that
singe parents must both work and look after children. Issuing a subpoena, for instance,
can only be done with the approval of a court registrar, and in a narrow window
when you can spend all morning or afternoon waiting to be seen.
The only reason I managed was because I worked 10 minutes away in a job with some
flexibility.
The average lone litigant now spends 42 days preparing for trial. The family matters
basket on my computer had 273 files in it; submissions, affidavits, solicitors'
letters, complaints. There are plenty of men who have spent more that $100,000 fighting
for their children. The process is like climbing Mount Everest a dozen times in
a state of emotional distress.
During this time I was being harassed; “You will never see those children again.”
The police finally helped get an apprehended violence order against her. I remember
her screaming in the police station foyer, the children with their fingers in their
ears crying, the old cops smirking. It was the young women constables who were the
best, who said it doesn't matter who you are, you can't behave like that.
The awful heartbreak of families courting disaster:
In the Family court -
The average lone litigant spends 42 days preparing for trial.
The costs in a contested action can range from $10,000 to $100,000 plus for each
party.
The median annual income of people in the court is $25,000 to $30,000. Some spend
two or three time their annual income on legal fees.
Costs of family breakdown
About $1.3 billion in private maintenance payments are channelled through the Child
Support Agency annually. About 91 per cent of payers are men.
Government parenting payments for single parents total $3.3 billion
In 49 per cent of one-parent families, the parent is jobless.
Continued.........
Though the academic research shows that when it comes to domestic violence both
genders are equally guilty, try as a man ringing up a government-funded domestic
violence help line.
The specialist report was released on the working day before the initial trial date.
I couldn't believe the spin. I wrote saying while I objected to a $3000 report that
didn't get basic things like ages correct, mirrored the negative experience of others,
misquoted me and was delivered at the last minute, I could agree to shared parenting
as recommended.
Without legal advice, I was stitched up. The children were split almost exactly
50/50 in an alternating pattern that was difficult for two children barely six and
seven. Orders that were working well for the children were disrupted. I had no idea
signing the orders would open me up to financial claims. The ex was ordered to take
drug tests.
three months later I took her back to court. She hadn't done a single test and was
keeping the children in an industrial warehouse. the court repeatedly;y over-ruled
the children' solicitor, who said she would have serious concerns if the children
were to stay with their mother at this time.
Three months later I asked for an expedited review by the “specialist”.
Although the mother's compliance with court orders to do drug tests peaked at 50
per cent, the specialist complimented her on her recovery and repeated her accusations
as if they were fact. She claimed, for example, that I was writing four letters
a week calling her a “using junkie prostitute”. The specialist condemned this
behaviour, yet no such letters existed. The specialist decreed that because I had
called the police over her harassment I was threatening her parenting ability, and
if I continued to report her to the authorities that my time with the children should
be further reduced.
Although I work as a journalist the report decreed I was unable to express myself.
I complained about this behaviour to the attorney-general, which got me nowhere.
To my horror I discovered that I could not back out, that she had the right to run
her response. Attempts to settle failed. Armed with a totally dishonest report the
ex was determined to take the case all the way to judgment.
Although at the compliance check the court ordered the separate representative to
be maintained, days before trial representation of the children ceased and Legal
Aid began funding the mother, at a likely cost of $50,000. In other words, the Government
saw fit to spend this sort of money on someone who had never complied with a single
court order, but not on the children. And certainly not on me.
Day after upset day I was sent home from work in tears. I took time off, issued
26 subpoenas, pulled all the evidence together - hours of taped abuse, diary entries,
photographs from the day the children were born. It was a well-documented case,
I was a journalist after all. I filed this mountain of material with minutes to
spare. Photocopying alone cost hundreds of dollars.
His Honour was elaborately courteous throughout the hearing. All my witnesses were
professional, told the truth, acted with decency. I found hers were a dishonest
shemozzle.
In the end all my efforts were to no avail.
Three months later, immediately after Fathers Day, the judgment was handed down;
two years to the day from when she left. My time with the children was to be progressively
decreased over the next three years.
I went home to a house still full of the banners from the children: “We Love You
Dad“, “You're the Best Dad”. The judgment did not get my age or the hearing date
correct, falsely claimed that I had an AVO against me and that the mother was the
primary carer. The judgment ignored four days of evidence and regurgitated the report
of a “specialist” who had never been cross-examined because I didn't have $1500
to pay for his court appearance. It was id the trial had never happened, I had seen
the specialist with the children for perhaps six minutes.
The judge went out of his way to say how helpful the reports were. But I knew they
were patently inaccurate.
My children are being progressively displaced from a house on a suburban street
into a flat on a busy road near a methadone clinic and needle exchange.
this is one man's story, but I am aware now of too many cases to think mine was
unique. I hear every day of courts ordering children back into the hands of violent,
abusive, drunken, drug-addicted mothers when there's a perfectly food home for them
with their fathers, of men being stitched up by biased and inaccurate reports. I
hear of the grief of men falsely accused of sexually abusing their children, of
being violent and neglectful fathers when nothing of the sort is true; of their
outrage at an industry thriving on false claims, of a system which leaves them impoverished
and their children's lives wrecked.
Despite almost two decades as a journalist and a comparatively colourful life, I
have never met a more dishonest group of people than some of those I encountered.
After two years in the Family court I have formed the view, as they would say, that
almost any alternative would be better than the present disastrous, damaging system.
I have formed the view that shared parenting agreements should be mandatory except
in exceptional circumstances, that the Family Court should be abolished and its
useful functions transferred back to local or district courts where proper rules
of evidence apply. Or that the tribunal system touted by a number of groups should
be examined.
I have formed the view that no one could pass through the Family Court of Australia
and retain any respect for the legal profession or our country's institutions; that
funding of custody battles is an abuse of public funds; that the legal representation
of children is a national disgrace; that a coterie of psychiatrists and counsellors
relied on by the Family court are deliberately providing false accusations and misinformation
against men.
I have formed the view that like any other institution neither transparent nor accountable,
the culture of the Family Court is corrupt; that ideology has replaced decency and
the ones suffering the most are children, mine and many others.
Thank you to the Editors of the Australian for publishing this story, well done!
Thousand of fathers are extremely thankful Mr X's story has been told. His experience
closely mirrors their own.
More than a million Australian children will spend Christmas in a broken home. As
the Government tries to improve family justice, 'Mr X' tells of his personal voyage
of despair.
“Don't cry, you will lose your children for sure,” your barrister says sternly;
and inside all you can feel are waves of distress. For you are vulnerable though
what you love the most - your children.
Welcome to the Family Court of Australia. Behind the imposing facades of the courts
lies the deepest hurt. Close to a million children now live away from their fathers.
";"IN AUSTRALIA TODAY:
About 70 per cent of the more than 2000 male suicides each year are caused by relationship
break-up, with nine male suicides to every female suicide.
About 80 per cent of the Commonwealth Legal Aid budget"; "33";"fam";"COURT OUT -
Trial Separation";"The Australian";"1999-12-24";"Bernard Lane";;"The Federal Government
is trying to reduce the primacy of the Family Court by pointing couples to counselling,
mediation and magistrates instead. Bernard Lane reports.
Family Court Chief Justice ALASTAIR NICHOLSON:
” The Family Court counsellors develop a considerable expertise in dealing with
crisis situations”
“We're considering new rules on trial management to enable judges to shorten proceedings”
Federal Attorney General DARYL WILLIAMS:
“We want people to stay our of court and that means highlighting the availability
of alternatives and increasing the availability of those alternatives”
“It's the change of attitude in the community that's the hard part”
Father after Divorce author MICHAEL GREEN:
“The whole level of expertise of the court reporting from psychiatrists, psychologists
and counsellors is, generally speaking, very,very poor and entirely suspect”
Men's Rights Agency director SUE PRICE:
“If men think there is bias in the court, I hate to confirm it, but yes there is.
Men have been treated most unfairly”
Which court? In the near future the Family Court may not be so famous, or infamous,
depending on your point of view. As more engaged couples get nudged into marriage
education, fewer may end up in court as a breakdown statistic. More families in
trouble will be encouraged to see their local psychologist for mediation rather
than the court registry. Of the few that who must litigate their way out of relationship
conflict, more will go before an informal magistrate, not a superior judge of the
Family Court.
For almost a quarter of a century , the courts, families and conflict have been
bound together. As federal Attorney-General Daryl Williams remarked recently, “The
Family court dominates public perceptions of family law.” But not for much longer
if government reforms live up to its rhetoric.
The Family Court has sold itself as the “one-stop shop” for family law, offering
everything from information through counselling to verdict. But the Government has
begun to free up the market and it will be heavily promoting a range of competitors,
including a new federal Magistrates Court. In an interview with the Australian this
week, Williams said: “People ought not to look to the Family Court as the sole
place for resolving breakdown issues.”
The new family policy has many origins, but the familiar argument over the Family
Court is certainly one of them. It is an argument that appears scripted: attorney-general
criticises court for inefficiency and delay; chief justice blames government for
insufficient funding. But something more interesting is happening. By promoting
conflict prevention and alternatives to litigation beyond the court, the Government
appears to be executing an outflanking manoeuvre.
It will not make the Family court redundant. Williams speaks of the court being
“liberated” so it can focus on its core business: complex cases, such as those
involving child abuse, that only superior court judges can resolve. Even so, the
court will become less prominent if more and more Australians take their troubled
relationships elsewhere. But, line any family law reformer, Williams must contend
with ingrained attitudes, some deeply irrational, and even modest success cannot
be guaranteed.
Reform begins with prevention. A few years ago, Williams recalls, “the common catchcry
was that we're spending $1 million a year on relationship education and $100 million
a year on the Family Court in relationship breakdown”. Now there is a brace of
preventative programs, worth about half the court's budget; more is on the way.
People have to be prepared for the inevitable conflict of relationships, Williams
says. “They need to understand what is happening when it occurs and how to handle
it, so it's relationship education, I think that is crucial.”
Couples in a Perth pilot program launched last month will have vouchers entitling
them to a modest $200 worth of pre-marriage education. A national information line,
available by phone or internet, is being set up. This will help direct people to
the new range of family services, many of them not as well known as they should
be.
The Family Court's Chief Justice Alastair Nicholson says: “I'm very much in favour
of more effort being put into preventing relationship breakdown.” But he adds a
rider: “I'm not sure that it's going to in any sense obviate the need to devote
resources and effort to dealing with the consequences of relationship breakdown
as well.”
For conflict prevention, and for conflict resolution without litigation, the Government
is increasingly looking to non-government agencies such as Relationships Australia
and Centacare, and private practitioners, among them lawyers, psychologists and
arbitrators. What might this mean for the Family court's in-house counselling service,
which is a considerable institution? A few years back, Williams intimated that a
courthouse was no place for counselling, as if once families crossed the threshold
they might become possessed with the litigious spirit. Now there seems room for
both in-court and beyond-court services, even if the Government expects community
counsellors to develop a much wider reach that the court counsellors, who may sometimes
be called upon to train them.
Williams concedes that agencies in the community have tended to deal with general
relationship problems rather than specific family disputes, but says the quality
of their counselling and mediation is assured. Nicholson says his counsellors have
greater expertise in resolving “crisis situations” - and litigants have them available
on the spot. But he can see an opening for community-based arbitration, such as
a dispute about the value of a business in a property settlement. anyway, Nicholson
says, there are signs of better cooperation between the court and community agencies.
“For example, we're arranging the sharing of premises on the Gold Coast,” he says.
The Government wants to encourage co-operation, too.
Williams and Nicholson agree that sometimes there just won't be an alternative to
litigation. Only 5 per cent of cases begun in the Family court ultimately need a
decision by a judge. But litigation in the court can still be costly and subject
to lengthy delay; this can worsen the family dispute. Superior court judges are
wasted on simpler disputes while the registrars, because of constitutional restraints,
are not equal to them. Registrars are only quasi-judges who lack full authority.
Enter Williams's new magistrates, intended to be cheaper and more adaptable than
superior court judges, yet free of the registrars' constitutional restraints. Nicholson
says he saw the need come time ago for magistrates to deal with simpler matters
quickly yet finally. But Williams was determined the magistrates would be independent
of the court. It seems he feared their contamination by what is seen as the overly
formal and bureaucratic culture of the court.
Nicholson protests his judges are thinking about more streamlined hearings, but
says the options are limited because so many litigants appear without lawyers. “I
don't believe the Magistrates Court is going to solve that problem either,” he
says.
Williams says he will announce soon the name of the chief magistrate, to be joined
by 15 colleagues next year. As for the kind of cases they might take, Williams suggests
a father's attempt to enforce a contact order when the mother pretends the child
is ill. “His only resort at the moment is the Family Court. His solicitor says:
'Give me $3000 before I file the application and I'll need $3000 more before we
go to court.” Then the solicitor says: 'We've got a waiting list for these cases
of 18 months' - and all the father is looking for is next weekend.”
With streamlined procedures and a regional presence, the new Magistrates Court is
supposed to reduce delays, costs and travelling time for litigants, as well as cater
for unrepresented parties.
Nicholson has work waiting for the magistrates. “Where's the child going to school
or what religion is the child to be brought up in ....they're not issues that are
going to take an enormous amount of evidence and time to deal with,” he says.
'I'm concerned that the funding may be removed and the work will remain', Family
Court Chief Justice ALASTAIR NICHOLSON
But can the magistrates, who will also have to relieve the Federal Courts of some
of its work, make a big impact? Williams hopes so. “As an ideal, you would decrease
the size of the expensive courts - the Family court and the Federal Court - and
increase the size of the inexpensive court.” But he is quick to say he does not
know whether that will happen; it depends on the range and number of cases the magistrates
prove able to absorb.
Nicholson points to the small size of the first complement of magistrates, He has
21 registrars, “pretty well flat out“, dealing with the kinds of applications
he imagines will go to the magistrates. “So it's difficult to see that number of
magistrates knocking a very big hole in that workload,” he says. He would like
to see more appointed.
Some of the money to fund the magistrates will be clawed back from the Family Court's
budget, since its workload is expected to lighten. But Nicholson says, “I'm concerned
that the funding may be removed and the work remain.”
With such a range of family work being done in such a variety of places, the job
of co-ordination will be a vital one. There will be prevention programs scattered
across the country, conflict resolution inside and outside the Family Court, and
litigation before magistrates as well as judges. Williams talks of directing the
people to the right “pathway“so that no matter where they first encounter the
sprawling system, they get consistent information and referral advice. The well-beaten
pathway has always led straight to the Family court. As reform proceeds, however,
more and more signposts will point elsewhere.
Bernard Lane is The Australian's High Court Correspondent
";"The Federal Government is trying to reduce the primacy of the Family Court by
pointing couples to counselling, mediation and magistrates instead. Bernard Lane
reports.
Family Court Chief Justice ALASTAIR NICHOLSON:
” The Family Cour"; "34";"fam";"Court to Investigate Custody 'bias'";"The Australian";"1998-10-01";"Janet
Fife-Yeomans";;"THE Family Court was to investigate whether mothers or fathers were
more likely to win custody of their children as its Chief Justice, Alastair Nicholson,
yesterday defended his court against unprecedented criticism of bias from men that
the court was biased against them.
Justice Nicholson said the court was also considering a study of property settlements
and rejected claims that men were being “taken to the cleaners” in decisions by
the court.
Justice Nicholson said he was concerned that there was a perception of bias, but
when the court produced figures to counter that perception “some people don't want
to believe them”.
The court, which now deals with 24,930 custody applications a year compared with
9286 in 1977, has come under attack from large numbers of men and men's groups lining
up as candidates in the federal election with the Family Court as their target.
One candidate in John Howard's seat of Bennelong has called himself Prime Minister
John Piss The Family Court and Legal Aid.
Another candidate is facing contempt proceedings in the Family Court in Melbourne
after using a loud hailer and handing out allegedly offensive leaflets outside court.
“One of the problems about it is that making a lot of noise often gives people
the impression there is a problem where there isn't,” Justice Nicholson said.
“I reject the claim that people are biased against men in this court.
“It is a fairly extraordinary proposition when you look at the gender make-up of
the court where two-thirds of the judges are men. Why a male-dominated judiciary
would either collectively or individually set off on a campaign of bias against
men is hard to understand.”
Studies done by the court into defended custody cases have revealed “remarkably
consistent” figures with fathers retaining either full or shared custody into up
to 41 per cent of those cases, said Justice Nicholson.
In 1980, fathers were successful in 31 per cent of defended custody cases and mothers
in 54 per cent, while in 10 per cent the custody was shared. In the rest, custody
went to other family members or institutions.
In 1990, fathers were again successful in 31 per cent of cases, mothers in 60 per
cent, there was shared custody in 8 per cent of cases and 1 per cent of cases where
custody went to family members or institutions.
Justice Nicholson said it was telling that when both parents agreed on custody,
the latest figures available, from 1980, showed that in 79 per cent of cases, mothers
got consent.
(What the Judge is not telling the readers is that only 5% of cases are ever decided
by the Court. 95% of decisions are reached by consent, [18% result in father custody].
Some of these consent orders would have been reached under the duress of not having
enough money to proceed to final hearing or withdrawing from the application to
protect the children from further distress. An unknown number of separated couples
may never approach the Family Court to even have Consent Orders registered. - Ed)
The judge said similar figures were seen in the UK and US.
“To me it shows that, whether one likes it or not, there is a general community
view that tends to support the mother being the care giver, particularly for young
children,” said Justice Nicholson.
(The researcher who produced the figures used by Nicholson, Sophy Bordow commented
when the research was published in the Australian Journal of Family Law 1994 that
“While the current legal statutes instruct the courts to award custody in the best
interests of the child, many litigants and social observers believe that the maternal
preference presumption continues to have an influence even though it is no longer
explicitly mentioned in judgments. Furthermore, the 'primary caretaker' concept
which took precedence over parental gender, continues to be seen by many as merely
being the old maternal preference in gender neutral terms” - Ed)
He said the court was ready for a new study but he doubted the figures would have
changed significantly.
Justice Nicholson said it was more difficult to do a study of property settlements
– last year the court dealt with 13,527 property cases.
“There are still a lot of men who cannot accept that someone's contribution as
a home-maker or a parent ought to be equated with what they see as their superior
financial contribution,” he said.
“But I don't believe there is any bias. It is not a process that lends itself to
gender bias. It tends to be a part arithmetical and part the contributions people
have made.
“It's better to do studies than rely on assertions, but when we do the studies
some people don't want to believe them.”
";"THE Family Court was to investigate whether mothers or fathers were more likely
to win custody of their children as its Chief Justice, Alastair Nicholson, yesterday
defended his court against unprecedented criticism of bias from men that the court
was bia";"The Australian Family Court's reaction to the emergence , during the recent
Federal election , of the Abolish Family Court/Child Support Party. The Chief Justice
of the Family Court , Alastair Nicholson takes his usual stance dismissing the critics
as" "35";"fam";"The Cost of Separating Fathers from their Children";"The Australian";"1998-10-08";"Letters
to the Editor";;"With reference to your article Court to Investigate Custody ‘Bias’
(1/10), the figures quoted are quite correct. What they do not reflect is that with
consent orders, non-custodial parents, in the majority, males are told by their
solicitors at compulsory legal aid conferences that this is “as good as it gets”.
In effect, roll over, shut up and accept the status quo. Women are the better care-givers
for children, they will limit your access to your children and it does not matter
how committed a father you are, this is the best you can hope for.
The highest death rate by suicide in Australia is for males between 25 and 44 years.
The most significant pointer is non-custodial parental status, yet this tragic waste
of males when they should be most productive is ignored by the incumbent Government
of the day, the bureaucrats and the Family Court.
There may be a hidden agenda here, though. These men may have been financially crippled
through child support, have gone on the dole, then killed themselves and this lessens
the employment figures. Food for thought.
There is a syndrome called involuntary child absence which I am researching for
my honours thesis in psychology and this is the greatest pointer towards male suicides
aided and abetted by the practices of this travesty of justice called the Family
Court.
You can take the children away from the father, but you cannot take the father away
from the children. Reflect on this point, Justice Nicholson. The reason to have
children is to perpetuate your existence, to have an input into the adults you wish
them to be. To take this away from men is to deny them their total reason for existence.
You are killing their souls.
Sylvia Smith, Gladstone, Qld
Despite Justice Nicholson’s assurances of family law “fairness” I’ll never marry
and place myself under the Family Law Act again. Funny thing that, it seems to be
a very common male response. Isn’t 70 per cent conceding custody to women not indicative
of bias? Pull the other one. What makes you think men are fool enough to swallow
this sort of rubbish? Why would anyone want to spend $17,000 on a custody battle
with less than 30 per cent chance of success? And in actuality a 0 per cent chance
of success unless the former wife is a demonstrable monster.
Ross M. Daly, Salisbury Heights, SA
Why is the Family court going to investigate possible custody bias instead of the
Attorney General or an independent body?
Justice Nicholson also wonders why people are “making a lot of noise”. What else
when the proceedings of the court are not reported because of alleged concern for
the children - who in many cases are considered adult enough to be wrenched away
from one parent?
He also wonders why “a male-dominated judiciary would ... set off a campaign of
bias against men”. Was the campaign not “set-off” by the women’s lobby with support
of politicians who could see savings - from automatic payments of husbands’ child
support and large property wins to women - as a way of chopping welfare?
Does Justice Nicholson include in ‘shared custody” the usual one weekend every fortnight
and half of school holidays formula?
It might well be that parents would agree more on the mother having the main custodial
role if the route of apprehended violence orders and lawyer-backed adversarial campaigns
were replaced by legal advice when marriages falter.
Justice Nicholson also makes no mention of the Child Support Agency which, without
consultation, automatically bills fathers for one-quarter of take-home pay for the
first child, rising for each extra child. This is separate from property settlements,
which firmly favour the woman.
More men might agree, with support and custody arrangements if they were not forced
upon them, like sentences on criminals.
Name Withheld, Sydney
";"With reference to your article Court to Investigate Custody ‘Bias’ (1/10), the
figures quoted are quite correct. What they do not reflect is that with consent
orders, non-custodial parents, in the majority, males are told by their solicitors
at compulsory"; "36";"fam";"Superannuation “Divorce a Super Rift“";"Sunday Mail
- Brisbane";"1998-03-15";"Noel Whittacker";;"You can tell it is an election year
- Prime Minister John Howard was prominent in the media last weekend with his promise
to legislate to allow women access to their husband’s superannuation upon divorce.
I’m not sure where Mr Howard has been spending his time, but this “revelation” is
23 years late.
The right to a spouse’s superannuation was made law when the Family Law Act was
introduced in 1975, but it was not until 1979 that the landmark court decision in
Crapp v Crapp was handed down. Mrs Crapp was the ex-wife of a Qantas pilot and she
became the first Australian to have the value of a spouse’s superannuation taken
into account when their divorce settlement was being worked out.
His superannuation benefit was one of the couple’s biggest financial resources after
a long marriage. The fact that his lump sum payout was not due for 11 years from
the time of the court hearing gives an indication of the problems that arise when
trying to place a figure on its worth.
It may be fine for the Prime Minister to say he will let couples divide up superannuation
but the reality is that superannuation is a unique asset.
Although the Family Law Act has been in force since 1975, the problems of accounting
for superannuation in a property settlement still baffle the courts. The major reason
is the difficulty of arriving at a fair value for it.
Think about someone aged 40 with a career job in a big institution such as the government.
If they keep their nose clean and stay until age 60 they may get a superannuation
payout of hundreds of thousands of dollars. However, 20 years will pass between
now and then. During that time they may die, lose their job, change jobs or retire
early on medical grounds. In each case the payout will differ, yet divorce may occur
many years before any of these possibilities eventuate.
Then there are the twin problems of preservation and unequal future earning capacity.
CASE STUDY: Harry and Helen are aged 40. He is an executive earning $90,000 a year
- she was a secretary before they got married.
Their main assets, apart from three young children, are a house worth $250,000 with
a $150,000 mortgage and his superannuation of $100,000. Should they divorce she
cannot keep the house as she could not afford the repayments. Therefore it is sold
and the equity divided.
Her share of the equity is not sufficient to put another deposit on another home;
but, even if she is awarded half the superannuation, it is tied up until at least
age 55 under the preservation laws. The only way she would be able to buy another
home is to be able to cash in the superannuation. If this were possible it would
defeat the whole purpose of the superannuation system, which is to provide retirement
incomes.
To try to overcome these difficulties courts tend to regard superannuation as a
resource of the marriage, not an asset that can be divided. Thus they have preferred
to take the presence of superannuation into account when splitting up the other
assets.
For example, if an investment property owned by the couple was worth $150,000 and
the superannuation benefit was worth $150,000, the spouse without superannuation
may be awarded the investment property to balance things up.
If a couple have their own self-managed superannuation fund, it is likely they are
the only members of it. When one has a much higher balance in their member’s account
than the other, superannuation regulations provide a mechanism whereby the balances
in the members’ accounts can be re-allocated. This may enable part of the property
settlement to be met from the superannuation fund and avoids the problem of the
wife having to wait until the husband retires before her share of the superannuation
can be paid to her. But it does not solve the preservation problem. Superannuation
and divorce will become more important as superannuation grows and as women start
to earn as much as their husbands.
Some men are now applying to the courts for a slice of their ex-partner’s superannuation.
This is not something John Howard mentioned on International Women’s Day.
Noel Whittacker is a proper authority holder for Whittacker McNaught Pty. Ltd.,
licensed dealer in securities.
";"You can tell it is an election year - Prime Minister John Howard was prominent
in the media last weekend with his promise to legislate to allow women access to
their husband’s superannuation upon divorce.
I’m not sure where Mr Howard has b"; "37";"fam";"Mother to Fight Ban on Moving";"The
Sunday Mail";"1997-10-05";"Chris Taylor";;"A Gold Coast woman divorced from her
husband a decade ago has been forbidden by the Family Court to relocate to central
Queensland to live with her fiancee.
The move comes despite a landmark Family Court decision in July to allow a Cairns
mother of two top move interstate and remarry, against the wishes of her former
husband. (MRA note: The husband in the BvB case had no wish to prevent the mother's
remarriage - he just wanted to to maintain good contact with his children)
The ban on the Gold Coast woman orders her to reside within 100klms of her former
husband, so he can have access to their son, 11.
But documentation submitted to the court shows the woman had agreed herformer husband
could have access to the boy at call and during the school holidays, for which whe
has offered to pay travel expenses.
The Ashmore woman, 38, who was divorced in Victoria in 1987, now intends to fight
the ban through the courts, taking the matter to trial next year.
Her lawyer, Kerry Smith, last night described the situation as “disgusting”.
It's a very, very sad situation that unfortunately a lot of people are finding themselves
in and the law is just not accommodating them,” she said.
“This is a case where a woman is only trying to make a better life for herself
and of course he son.”
“Now, she is being placed under great stress, not to mention what the whole matter
has and will cost.”
The lawyer representing the child's father, Frank Sabben, said he could not discuss
the case in detail.. He confirmed tgat tge matter was being prepared for trial.
In an interim order in April, Brisbane Family court Justice Jordan ordered the woman
to remain within 100km of her former husband. That order was upheld during a further
hearing last week.
The woman had moved to Western Australia earlier this year when her fiancee obtained
a new job. She returned under a Family Court order and her fiancee was able to transfer
to a new position near Gladstone.
She now fears he will be forced to resign the $1000-a-week job.
";"A Gold Coast woman divorced from her husband a decade ago has been forbidden
by the Family Court to relocate to central Queensland to live with her fiancee.
The move comes despite a landmark Family Court decision in July to allow a Cairns";
"38";"fam";"There are Always Winners and Losers in Family Court";"Canberra Times";"1997-08-13";"Roderick
Campbell";;"Child custody disputes are undoubtedly the biggest single cause of friction
in the aftermath of a marriage break-up and are probably the most significant factor
in the Family Court's poor standing among many non-custodial parents.
A recent paper prepared for the Federal Government discussed opening up the Family
Court to more regular and more enlightening media coverage. The theory was that
if the media had better access to the court, the public would better understand
family law matters and the court's reputation would be enhanced.
Freeing up media access to the court is unlikely, by itself, to achieve a lot. No
amount of coverage of family law cases will ever convince some disgruntled litigants,
most of them men, that the court does not have an in-built anti-male bias.
The court's handling of custody disputes appears to cause most of their anger. And
once that battle is lost, its equally unpopular sequelae, child support, follows.
People who have had no personal experience of the Family Court or the administration
of family law, might wonder why, in custody disputes, the court always feels obliged
to side with one parent or the other, despite the fact that both are good parents.
Why does the court not award joint custody more often? Why is one parent's refusal
to accept a joint custody arrangement not regarded as prima facie evidence that
they should not be granted custody at all?
To discover the answer to these questions, one must go to more than 20 years of
reported judgments of the court.
The bottom line in most custody disputes, it seems, is that one parent is going
to “win” and the other is going to “lose”. And it is done in the name of the
“best interests” and the welfare of the children.
Last year's much heralded amendments to the Family Law Act were meant to change
this and move the emphasis towards shared parenting. However, the recent controversial
Full Court ruling on the right of a parent to move interstate with the children
to remarry has convinced most lawyers in the field that nothing has changed.
The reason is that the court rarely awards joint custody to warring parents, in
the not unreasonable belief that joint custody cannot work where the parents are
forever at each other's throats.
At the end of the day, the question is: what arrangement is in the best interests
of the children? If joint or shared custody is going to be unworkable and detrimental,
it is not really an option. Quite frequently, it is both parents who are to blame
for this, although the system is open to abuse. One parent can set themselves up
for a sole custody order by undermining previously agreed arrangement, thereby rendering
joint custody unworkable.
The court's approach to these cases has been explained in a number of published
judgments. In a 1993 case, Chief Justice Alistair Nicholson wrote, “If parenting
values are not compatible, it may result in mounting tensions and mistrust to the
point where the arrangement becomes detrimental and unworkable. Views with respect
to medical preference, the emphasis on homework, selection of television programs,
treats and discipline, need to be reasonably compatible.”
Anyone who is married with children will know that such matters can normally be
sorted out amicably in a properly functioning family. But they would also see how
they might become sources of considerable conflict in a marriage which has broken
down, when the art of compromise suddenly evaporates.
Twenty years ago, The Full Family Court said “The best interests of a child, and
the full promotion of his welfare, are not generally served by orders for joint
custody unless his parents have demonstrated that degree of maturity and such an
ability to communicate and cooperate with each other as to give the court some confidence
that the order for joint custody will be workable or that, with assistance from
the counselling services of this court, it can be made workable.”
This observation seems to suggest that the presumption is against joint custody.
It is a presumption with which at least one expert in the field strongly disagrees.
Dr. Don Edgar, Director of the Australian Institute of Family Studies, believes
that the system has wrongly defined the concept of the “best interests” of the
child.
He says there should be an assumption that those best interests are likely to be
served through joint parenting arrangements, rather than some sort of Solomon-like
carve up.
Writing in the Australian Family Lawyer, Dr Edgar said the “dogma of the primary
caretaker rule“, whereby the parent who had most of the day-to-day care during
the marriage should get custody, was as sexist as the by-gone era idea that the
best interest of a child meant leaving him or her with the father.
After reviewing years of research which underlined the detrimental impact of divorce
on children, but the positive effects of shared parenting, Dr Edgar said it was
incredible that the children's views were largely overlooked in the process and
that custody and access were talked about as though they were parental rights.
We should, he said, be talking about the child's right to involvement with both
parents, not of the parent's right to custody or access rights.
More than 10 years ago, Dr Edgar wrote, “There is an element of professional paternalism
in assertions that joint physical custody is bad for the children. Do we have the
right to interfere with the child's living arrangements while the parents are married?
What gives us the right to interfere when they get divorced?”
“Since the law wishes to assert both parents' ongoing responsibility for the care
and control of children, why should it give custody to one in effect, and only formal
maintenance responsibility and unequal access, care and control rights to the other
parent? Will such splitting ever work in the best interests of the child?”
The theory that the Family Court decides these matters by reference to the true
“best interests” of the children was further undermined a few months ago when
a senior judge said the court might actually be encouraging parents to leave their
spouses without warning and set up house with their children, knowing that this
is a smart legal tactic in the future custody battle.
Justice Alwynne Rowlands said the way in which the court decided interim custody
issues was encouraging parents to arrange their affairs by dramatic action. Knowing
that the court was likely to make an order that was least disruptive to the children,
the parent could do a “runner“, confident that by the time the case came on for
a full hearing, the interim arrangement would have become virtually permanent.
When one parent can manipulate the process by either walking out of a marriage unannounced
or by deliberately undermining joint parenting arrangements, and then have their
actions vindicated by a custody order made in the “best interests” of the children,
it is not hard to see why come non-custodial parents remain unimpressed by lofty
statements of principle from the judges.
";"Child custody disputes are undoubtedly the biggest single cause of friction in
the aftermath of a marriage break-up and are probably the most significant factor
in the Family Court's poor standing among many non-custodial parents.
A recent"; "39";"sol";"Teen Mothers Bear Their Own Burden";"The Australian";"1998-10-02";"Megan
Saunders";;"In keeping with the raised level of awareness created by the minor political
parties the second story defends teenage mothers against criticism levelled by Pauline
Hanson, One Nation Party.
Teenage mothers were most likely to come from Catholic backgrounds, be raised in
a large country town and have mothers with limited education, according to an Australian
National University analysis.
But contrary to the beliefs of politicians such as Pauline Hanson, teenage parents
were not a heavy burden on taxpayers - making up 3 per cent of supporting parents
benefit recipients.
(Teenage mothers may not be a huge burden during their teenage years, but how many
adult sole parent recipient's began their life on welfare as a teenage single mother?
That's the question we want answered! Ed)
The analysis by ANU PhD student Ann Evans found 71 per cent of teenage mothers were
married when they gave birth, while 15 per cent were single. The rest were in de
facto relationships.
And the analysis of more than 1247 cases nationwide found that while teenage mothers
eventually had more children, they tended to put off having their second child for
about five years - three years longer than older women.
Ms Evans blamed the high level of media attention and One Nation's proposal to restrict
government assistance to single mothers for the ongoing myths and stigma attached
to single, teenage mothers.
She particularly criticised Ms Hanson's comment that some teenage mothers often
“start young with children out of wedlock ... go on to have more children from
different fathers and then finish up in a de facto relationship with a man not related
to any of them”.
“While analysis of human relationships (particularly over time) can be messy, it
is clear that Ms Hanson's concerns are only valid for a tiny proportion of teenage
mothers and an even smaller proportion of the total Australian population,” she
told and Australian Population Association conference in Brisbane.
Brisbane mother Michelle Jones, 21 - who fell pregnant with her first son, Mark
at 16 and her second, Kaleb at 19 - said she was often frustrated by society's disapproval
of young, unmarried mothers.
“They just treat you like your trash and it's just not true,” she said.
“I went to nursing mothers, I got involved in support groups, I breast feed my
kids, I did everything that 30 year old mothers do.”
The ANU analysis, which defines teenage mothers as under -21s, found young mothers
were most likely to be Catholic (31 per cent) or have no religion (29 per cent).
";"In keeping with the raised level of awareness created by the minor political
parties the second story defends teenage mothers against criticism levelled by Pauline
Hanson, One Nation Party.
Teenage mothers were most likely to come"; "40";"ftl";"Sins of the Fathers' Rejection";"Lone
Fathers' Association";"1998-10-02";"Cathy Prior";;"As national president of the
Australian Lone Fathers' Association, Barry Williams believes the Family Court just
can't get it right.
Mr Williams argues the court fails to enforce its own access orders, despite the
fact contempt-of-court penalties are in place to deal with parents who refuse to
let their estranged partner visit their children.
And the cost of that, he says, is all too human. “I am dreading Christmas time
again if it is anything like last Christmas,” he said.
“We had attempted suicides and everything because people couldn't see their kids.”
Between December 23 and 27 last year, Mr. Williams received 25 phone calls from
fathers, some of whom had sent plane tickets interstate for their children to visit
them over the holiday period. When it came to arrival day, however, the kids failed
to appear.
When it comes to custody disputes, Mr. Williams argues judges are biased against
men.
The association's figures show about 70 per cent of fathers who apply for custody
through the Family Court fail.
Mr. Williams wants the Family court abolished and replaced with a tribunal. If access
orders were denied, police should have the power to visit the offending parent and
find out why, he said.
";"As national president of the Australian Lone Fathers' Association, Barry Williams
believes the Family Court just can't get it right.
Mr Williams argues the court fails to enforce its own access orders, despite the
fact contempt-of-court pe"; "41";"awm";"Females in a Fury";"Melbourne Age";"1999-02-04";"Paulyne
Pogorelske";;"A rise in female crime figures is challenging preconceptions of the
“gentler” sex.
Anne, a 29-year-old mother of four young children, recently spent nine months in
jail or the armed robbery of a Footscray clothes shop.
Equipped with a stolen bolt-action rifle in January 1996, she held up two women,
threatening to shoot them unless they opened the till. When they refused, Anne grabbed
a handbag from one of the women and ran out of the shop. No shots were fired.
She received a 23-month sentence, but was paroled after nine months and released
in July 1997.
“I didn't think about it; I just did it,'' she explained. “I was desperate for
money. I get $330 a week on a supporting parent pension, but I couldn't pay the
rent, the bills and my children's school fees. I tried to get a job, but I've got
no skills and left school at 15 and worked in a factory.''
It wasn't Anne's first violent crime, although she had never used a gun before.
Aggressive behavior was an accepted part of her upbringing.
“My mother was pretty heavy-handed with me and physically abusive ... At 15, I
started hitting her back. I punched her up in the stomach and lost my temper,''
she said.
An eight-week anger management course in jail did not quell a bad temper that frightens
even her.
“I've never been good at words when it comes to speaking about how I feel. I tend
to use my fists,'' says Anne.
Women have long been perceived as the victims of violent crime, not the perpetrators.
Certainly, men commit an overwhelming majority of violent crimes.
But Victoria Police crime figures reveal a rise, though small, in female violent
crime, while male numbers have dropped. In 1996-97, women (including juveniles under
18) committed 2608 violent crimes, compared with 2390 in 1995-96. Male violent crimes
dropped from 18,569 in 1995-96 to 18,421 in 1996-97.
Evelyn Field, a consultant psychologist, says women may be committing more violent
crimes as a backlash against what they view is still a male-dominated society.
“Women have been so powerless and passive that some have flipped and become more
aggressive instead of more assertive,'' says Field.
“In some ways, they're adopting male forms of abuse and are identifying with male
aggression.''
Field believes the increased use of drugs and alcohol are also turning more women
to crime.
“I knew of a rape of a woman by another woman where both woman had consumed large
quantities of alcohol,'' she says.
Field believes the rise in female crime is a more recent phenomenon. It requires
more exploration in consultation with the police, the law, welfare organisations
and the public, she says.
Female violence sits uneasily with our preferred perceptions of women - both physically
and psychologically.
According to RMIT lecturer in social work Lee FitzRoy, who is doing a PhD on violent
women, “we have quite a paradoxical relationship to women's violence; on some levels
we don't wish to see it, we don't wish to hear it, but the other side of that is
that if women are violent, especially in relation to infanticide or sexual violence,
they are actually defined as doubly deviant ... and I think our society can't quite
find a place for women in the middle of it”.
The subject challenges our way of dealing with women as passive, caring and nurturing
human beings, and our way of meeting that challenge is to say women are either evil
or mad, or really, really bad, says FitzRoy.
Melbourne University criminologist, Associate Professor Christine Alder, believes
society has turned a blind eye to female violence because it is inconsistent with
our perspective of women as passive.
Not even the Federal Government National Crime Prevention program, with an annual
budget of about $4 million, specifies gender as an explicit issue. It aims to identify
successful strategies to prevent crime and violence, covering issues such as child
abuse and negative behavior against children, crimes by indigenous people and crimes
by young people, that by inference touch on the question of female violence.
Victorian Institute of Forensic Mental Health, Forensicare, clinical director Professor
Paul Mullen, notes a change in traditional patterns of female behavior. He says
women now drink more, are just as likely as men to be guilty of road rage and are
equally as aggressive as men.
However, women still exhibit far less willingness to inflict serious damage or produce
an environment of terror than men.
“To explain the difference as the Y chromosome in men is naive, and it's unlikely
to all lie in family and social upbringing, or the difference in physical strength,''
says Mullen. “It's quite important to know why, as if we could find out, we could
do something about men.''
While assertiveness and aggression are normal human behavior, violence is often
instigated by fear and anger. Research in the United States reveals that in terms
of low levels of violence in domestic relationships - pushing, shoving, screaming,
shouting and name-calling - women offend as often as men.
In Melbourne, the football field is just one area where women can exhibit physical
aggression without breaking the rules. However, Kate Lawrence, 35, a player for
the St Kilda Sharks in the Victorian Women's Football League, has witnessed several
incidents since she started playing in the early 1990s.
“There can be a skirmish, with some pushing and shoving, with words of abuse yelled
as well,'' she says. “Some players can get quite heated; there's white-line fever,
where women lose their temper. There's always one player in every team who gets
into strife.''
Indeed, she has been guilty of it, too. She told of an incident where an opposition
player - “a nasty little player'' - had jabbed her in the kidneys while they were
running towards the ball. She turned around and, with a clenched fist, swung and
hit her in the back.
“I'm not re-nowned for being an aggressive player and I was shocked with myself
that I'd hit someone. Sure, I had hit my little sister sometimes - I come from a
big family of six kids - but I was just shocked that I lost control in that way
and I'd done that to someone. I never do that; I use words sometimes, but I don't
yell abuse, even though there can be frustration sometimes with another player or
the umpires. I didn't get reported for the hit, and I've only done it the once.”
Extreme domestic violence is nearly always perpetrated by men against women and
women are more likely to be seriously injured than men.
[Wrong, several studies make the particular point that men sustain more serious
injuries because women often use a weapon in their attack. Ed]
Female aggression and violence is commonly directed against men, particularly in
domestic situations, but women can be just as violent towards each other. Evelyn
Field has counselled partners in lesbian relationships where women have perpetrated
acts of violence against each other.
She says both the police and the courts find it difficult to deal with women behaving
violently towards each other and many put it in the too-hard basket.
“Male violence against males is seen more as the norm, but female violence against
females is often unbelievable and labelled mad,'' says Field. The women victims
are often less believed and considered hysterical, imagining the crimes committed
against them.
But female violence against other females can start in the school ground, says Field.
Boys are not the only bullies. While girls perpetrate some physical violence against
each other by hitting and kicking, their domain is more likely to be psychological
violence, using words and excluding tactics against other students.
Field, who has written a book entitled Bullybusting, to be published in May, says
female bullying exists across the board in private as well as public schools.
“Girls will bully by teasing and exclusion,'' she says.“It's a serious problem
for girls as much as boys and usually starts in years four, five and six, and getting
really bad in years seven, eight and nine. By year 10, it starts to peter out and
is almost non-existent by year 11 and 12.''
Field says the emotional impact on the victims with this kind of psychological bullying
can be devastating and could affect their friendships throughout their lives.
FitzRoy hopes her PhD may find some answers.
“Women working with violent women want strategies, skills and a more complex theoretical
analysis about women's violence in order to assist social change. I hope my thesis
can offer that.''
";"A rise in female crime figures is challenging preconceptions of the “gentler”
sex.
Anne, a 29-year-old mother of four young children, recently spent nine months in
jail or the armed robbery of a Footscray clothes shop.
Equi";"The penny's begining to drop, but now watch for the excuses. For example
...“Women have been so powerless and passive that some have flipped and become
more aggressive instead of more assertive”." "42";"sup";"Bringing Home Benefits
for Distant Dads";"The Age";"2000-05-18";"Bettina Arndt";;"How absurd was media
speculation that changes to child-support arrangements introduced in the federal
budget were due to last-minute lobbying by angry dads.
The truth is very different. Many of the changes stem from the 1994 report from
the Joint Select Committee into Child Support. Since then a growing body of evidence
has revealed the dire financial circumstances of many non-resident parents, which
contributes to the difficulties they have maintaining contact with their children
after divorce. Given the known benefits to children of regular contact with both
parents - now enshrined in family law legislation - the government has decided to
foot the bill to help these dads stay connected with their children.
The major change is a shift in the financial arrangements associated with different
levels of contact. It is well recognised that the present situation, whereby mum
loses substantial child support if the child spends more than 30 per cent of its
nights a year with dad, creates a “cliff” effect in which fathers are confined
to fortnightly access lest the mother loses income.
Under budget proposals, this cliff effect will be smoothed out by gradually reducing
levels of child support, even for men who have their children only 10 per cent of
nights. But most mothers won't lose out - the government is largely to subsidise
their lost child support, paying out $47.5 million over the next four years.
This change will affect large numbers of divorced parents - a sad testimony to how
little contact most divorced men now have with their children. At present, only
11per cent of divorced men spend more than 30per cent of nights a year with their
children. Twenty-two per cent of men who pay child support through the Child Support
Agency never see their children, and almost a third have them for fewer than 36
nights a year.
Now the 135,000 men who have contact with their children between 10 and 30 per cent
of the year will pay slightly less child support - an average drop of $5 a week.
Most lone parents will have this loss in child support offset by an increase in
their family tax benefit - which accounts for the $47.5million cost to the government.
In addition, lone parents stand to gain around $25 a week from extra social security
assistance introduced in the budget.
So here we have a very significant decision by the government to add to its welfare
bill by giving up some of the claw-back it has traditionally received from child-support
payments. It does so in recognition of the social costs being imposed by previous
policies - whereby low-income fathers were prohibited from seeing their children
due to the high costs of contact, particularly in situations where children live
long distances away.
With divorce more common in low-income groups, it's hardly surprising to find many
non-resident fathers struggling to support themselves - 46.2 per cent of men registered
with the CSA report incomes of less than $16,000. While some of these men may be
involved in income minimisation, many face very difficult financial circumstances.
Their financial plight was confirmed in research by Trevor Sutton, now assistant
general manager of the CSA in Canberra, which showed men earning less than $15,000
a year pay about half their discretionary income in child support.
There's also powerful evidence of the appalling legacy of the green light given
by the Family Court to lone mothers who decide to move children away from their
fathers. Further research by Sutton reveals that most Australian men have to travel
to see their children - the average distance between a divorced father and his children
is an astonishing 141 kilometres.
Last year, research conducted by Murray Woods and Associates for the Department
of Family and Community Services concluded that distance was one of the major constraints
on contact, adding to the substantial costs of providing things such as accommodation
and food for children on contact visits.
It remains to be seen whether offering dads slight financial relief and reducing
financial obstacles to mothers allowing more contact will really mean children see
more of their fathers. But should the measure have the desired effect, it could
result in a windfall for the government. Sutton's research provides strong evidence
that increasing men's access to their children dramatically increases their willingness
to pay child support.
Currently the CSA has a 14 per cent shortfall in the collection of child support.
By Sutton's calculations, an increase in father-child contact from the present average
of 63 nights to 100 nights would result in a 5 per cent increase in compliance,
bringing in an additional $30million in child-support payments.
Among the other important budget changes is the decision to cut back on the “wife
support” component in the calculation of high-earning men's child-support payments.
In February, the government published Canberra University research on costs of children,
showing that men earning more than $50,000 a year are required to pay well in excess
of the money spent on children even in affluent homes.
The original child-support formula was based on the premise that high-earning men
should pay more to ensure their children aren't forced into a drastically reduced
lifestyle. This inevitably meant maintaining an ex-wife somewhere near the manner
to which she was accustomed. But the stark gap between costs of children and child-support
payments, particularly for men earning more than $75,000, has convinced the government
to lower the upper limit or “cap” on payer income used to assess child support.
Then there's the fact that men earning more than $50,000 are doubly disadvantaged
by paying maximum child-support rates plus being in the highest tax bracket. A non-resident
dad in this income bracket with two children was left with less than 20 cents in
every dollar earned over $50,000, after paying tax, child support and employee superannuation
of 3 per cent.
When the promised tax breaks for this income group were scrapped by Labor and the
Democrats, lowering the cap was the only way of relieving the work disincentives
facing this tiny group - who constitute less than 1 per cent of all CSA payers.
As for the other changes, they are mainly designed to ease the burden on poorer
non-resident dads, particularly those supporting second families. They are all moves
in the right direction, with children as the major beneficiaries.
Bettina Arndt is a staff writer. ";"How absurd was media speculation that changes
to child-support arrangements introduced in the federal budget were due to last-minute
lobbying by angry dads.
The truth is very different. Many of the changes stem from the 1994 report from
th"; "43";"sup";"Child-Support Reforms 'unfair'";"Canberra Times";"2000-02-26";"Frank
Cassidy";;"The promise of fairer child-support rules has been dashed by an unfair
and restrictive regulation enforced by the Child Support Agency, according to the
Men's Rights Agency.
The law was changed last year to, among other things, allow paying parents to divert
up to 25 per cent of their child support into benefits or services provided directly
to their children.
But, by restricting payments to just eight approved categories, the Child Support
Agency has been accused of undermining the will of Parliament and perpetuating the
unfairness in the system.
Director of the Men's Rights Agency Sue Price said the rule change was brought about
to give paying parents a feeling that at least some of the money they were paying
was going to their child or for issues they were concerned about.
“Restricting the payments is to thwart the will of Parliament,” she said. Mrs
Price said many more paying parents would be able to claim relief under the 25 per
cent rule if the list was expanded “as it should be”.
Attention was drawn to the restrictions when a 36-year old school principal in country
NSW had the medical insurance he paid for his three children refused as part of
the 25 per cent.
The approved list includes only school or pre-school fees, essential medical and
dental fees, child care and an ex-partner's rent, rates, mortgage, utilities and
motor-vehicle expenses.
The father, whose children spend two weeks a month with him complained that almost
none of the costs of supporting them were allowed as credits against the $800 a
month he was forced to pay as child support.
“I can't claim anything in kind,” the man said, despite meeting his children's
school uniforms, schoolbags, sporting fees, food and clothing and needing to maintain
a complete household for them.
“I can't see how this system is benefiting the kids.”
Sue Price said the CSA's limited list of approved payments contrasted starkly with
the long list of non-cash maintenance payments used by Centrelink to calculate reductions
in family allowance. She said these were the same payments, made between the same
parents for the same children, but were being treated totally differently within
the same department.
“Centrelink has a huge list that could encompass any item you're going to spend
on a child.”
She accused the Government of taking all non-cash payments into account to reduce
the family allowance “to save itself money” but of restricting child -support
entitlements to a few because it “doesn't want to save the paying parent any money”.
Robin Poke, of the Child Support Agency, defended the differences in the lists of
allowable payments saying they were used for different purposes.
“The social-security list is centred around working out a person's entitlement
to family payment and the CSA list is specified in child-support regulations,”
he said. Mr Poke said if parents agreed, any non-cash payments whatsoever could
be taken into account by the CSA and could be up to 100 per cent of the liability.
";"The promise of fairer child-support rules has been dashed by an unfair and restrictive
regulation enforced by the Child Support Agency, according to the Men's Rights Agency.
The law was changed last year to, among other things, allow payin"; "44";"sup";"Suicide
Victim 'hounded' over Child Support";"Canberra Times";"2000-11-15";"Roderick Campbell";;"It
was “a tragic indictment of the system” that a Canberra man had committed suicide
holding a letter of demand from the Child Support Agency, the ACT Coroners Court
was told yesterday.
Barrister Richard Thomas said the receipt of the letter two days before Warren Gilbert's
death in August had “tipped him over the edge”.
He said Mr Gilbert, 28, had died from carbon monoxide poisoning in a friend's car
after being ''hounded” by the CSA.
The CSA had been taking 47 per cent of his gross salary in tax and another 30 per
cent for child support.
With a massive 80 per cent of his wages gone, Mr Gilbert had $150 a week to live
on.
Mr Gilbert's body was found on August 20 in a car parked at the Namadgi National
Park visitor's centre.
Constable Clorinda Iannucci said Mr Gilbert's former partner had told her that Mr
Gilbert hated having to pay so much child support for his three children because
they could never go anywhere or do anything.
“He couldn't get anywhere in life because they [the CSA] kept taking all his money,”
she had said.
Constable Iannucci said she had contacted the CSA, but it had refused to provide
any information.
She said the mother of two of Mr Gilbert's children had told her she had not been
concerned about obtaining child support until social security had told her she would
lose her welfare benefits if she did not get Mr Gilbert to pay maintenance.
Mr Thomas, appearing for the former partner, said Mr Gilbert had been “very frustrated”
by the situation. He had been unable to realise plans to buy a home and get married.
He had mentioned his massive debt - the full extent of which he had only discovered
the previous day - to the last person to see him alive.
“We say it was the Child Support Agency letter that was the precipitative event
that tipped him over the edge,” Mr Thomas told Coroner Warren Nicholl. “It may
be appropriate that you make a comment on the situation he was in.”
Mr Nicholl did not comment directly on this, but did say that it was clear that
Mr Gilbert's problems in meeting his child-support obligations had played a large
part in the lead-up to his sad death.
Earlier, Mr Thomas said Mr Gilbert had been trying “to do his best,” but was being
“hounded” by the CSA.
He could see no other solution to his problems than taking his own life. It was
“a tragic indictment on the system, one which Federal Parliament might ultimately
seek to address”.
Barry Williams, the Canberra-based national president of the Lone Fathers' Association
of Australia, was an observer at the inquest.
Outside court, Mr Williams said the association had been trying to convince the
Federal Government that child support and family law issues were factors in many
suicides.
“But deaf ears are turned to people like us because of the money factors involved,”
he said.
He said his association supported the CSA and believed parents should pay child
support, but this should be based on a flat rate calculated after tax had been deducted.
He challenged the Government to try this approach for two years. If it did not work,
he would “shut up”.
";"It was “a tragic indictment of the system” that a Canberra man had committed
suicide holding a letter of demand from the Child Support Agency, the ACT Coroners
Court was told yesterday.
Barrister Richard Thomas said the receipt of the lett";"Yet another valuable life
has been cut short. Three more children have lost their father. The relationship
of male suicide to child support, and denial of contact to children must be obvious
to all politicians, but they refuse to enact changes that may pr" "45";"sup";"'Problem'
Parents 'doin Time";"The Australian - Focus Section";"2000-04-08";"John Stapleton";;"Attorney
General Daryl Williams wants to jail more mums and dads who defy family law. But
as John Stapleton reports, critics say it is the system that is at fault.
Once upon a time, Frank played professional sport and was married with two young
sons. In 1987, his marriage broke down. He lost his children, his house, his furniture,
all of which he left with his former wife because he thought it was the best thing
to do. “I walked out with my bags,” he recalls.
Orders for maintenance were made by the Family court at separation and these were
collected through the Child Support Agency. Partially disabled by two accidents
and unable to work since, Frank's only source of income is a parenting payment for
his stepdaughter.
This month Frank (not his real name) lost his Family Court case to be excused from
maintenance and back debt. “I couldn't understand why“, he says. “It is not as
if she never got anything out of me. She got everything. They have no compassion.”
Frank if found guilty of “wilfully” refusing to pay is one of thousands of parents
who could face up to 12 months in jail if legislation before the Federal Parliament
is passed. The precise definition of “wilful” will be left up to the discretion
of a Family Court judge or judicial officer.
The Government's push to jail parents who defy court orders includes provisions
to jail those who refuse to comply with parenting orders (giving the parent without
custody access to the child) on a “three strikes and you're in” basis. The maintenance
provisions will mostly affect men while the penalties for parenting orders will
mostly affect women.
The new legislation, by increasing punitive powers, is an attempt to overcome the
biggest problem with Family Court orders - they are virtually unenforceable.
But both men's and women's lobby groups and some family law observers argue the
proposals will be dangerously counterproductive, to the point of increasing the
already high suicide rate among separated parents.
Critics say the proposed laws are a draconian way of avoiding the real problem,
which they say lies in the nature of family law in Australia and the institutions
that administer it. They say the CSA, in making “quasi-judicial” decisions that
are virtually impossible to appeal, often has the effect of putting parents into
debt unfairly.
Many of those who could be jailed would be placed in this predicament not because
they did not want to pay but because they have been made unable to pay through maladministration.
The debate over jailing parents, could have some interesting parliamentary twists.
The Australian Democrats do not support imprisonment as a primary enforcement option.
The Labour Party supports the jailing of those who fail to pay maintenance but not
those who refuse to comply with parenting orders.
The Family Court already has provisions for jailing and imposition of fines, and
the CSA can seize assets, impose penalties, sweep bank accounts and initiate prosecutions
with a six-month jail penalty. The new legislation adds to the arsenal by providing
a more direct avenue to jail parents who disobey court orders, and stiffer penalties.
A re-evaluation of child support is happening around the world. Like many men, Frank
facing mounting debts, has found himself in a surreal world post-separation. The
CSA is not bound by rules of evidence. If he is charged, tried and jailed, secrecy
clauses mean his case cannot be reported. A Family Court ruling cannot be appealed
on an error of fact.
Attorney-General Daryl Williams, in introducing the Family Law Amendment Bill 1999,
has reopened a broader debate. The dysfunctions of family law highlighted by the
jailing initiatives have reignited call for a non-adversarial tribunal system to
replace the Family Court and focused attention on the CSA, six years on from an
exhaustive joint select committee report that made history for the number of submissions
to its drafting.
The report said there were many complaints about the CSA, including “inconsistent
advice, administrative errors and refusal to verify data ... the inaction or lack
of service is inexcusable ... The end result is an often appalling client service
delivery.”
Many of the report's 163 recommendations - including an external review of the CSA
“as a matter of priority“, close study of its social impacts, its impacts on subsequent
families, disincentives to working and a re-assessment of the child support formula
have not been carried out.
Commentator on public sector ethics at Central Queensland University Robert Kelso
says jailing could exacerbate the high suicide rates among parents separated from
their children. He says the CSA is a self-contained bureaucracy whose clients have
“no way out to the normal legal system”. He says the 1994 inquiry into the CSA,
read in conjunction with the Hansard of the time, clearly identifies systemic corruption
by public servants whose objective was to minimise the cost to the Commonwealth
of supporting single parents by welfare, by maximising revenue from their non-custodial
spouses.
“Neither the Labor government not its Liberal successor have been interested in
examining the behaviour of these public servants,” he says.
Kelso says there is ample evidence the CSA is acting against the public interest,
creating false debt by exaggerating incomes of fathers and ignoring social security
and taxation fraud when it favours the custodial parent, usually the mother. He
says it is thereby failing in its duty to the Crimes Act and, in it complicity in
fraud, is breaching the Public Service Act.
“It is in this context we are talking about sending parents to jail,” he says.
“The Government is exacerbating an already poisoned environment by introducing
jailing penalties.. Government agencies and welfare industries have studiously avoided
the wide ranging research into the failure of the scheme. What is needed is a royal
commission with the widest possible powers. In this climate, in the hands of the
CSA and the Family Court, the last thing we need to be doing is introducing jailing
penalties.”
The jailing furore casts a shadow over the Attorney-General's well-intentioned attempts
to reform family law. The Federal Government has already encouraged separating couples
to avoid, where possible, the Family Court in favour of mediation and counselling,
and discouraged litigation by cutting Legal Aid.
The Attorney-General's overall idea was simple:
create a stream- lined federal magistracy service, with a hefty start-up budget
of $30 million, to begin operations midyear, to partially sideline the Family Court;
then make orders enforceable so children would not be denied either money or a relationship
with their non- custodial parent, the two biggest beefs on either side of the custodial
divide.
Designed to appease everyone, the proposed new laws have appeased no one.
Williams has said the new enforcement regime is “to better protect the interests
of children”.
“The threat of imprisonment will be reserved for the most serious cases .... it
is entirely appropriate that the court should have available to it, alongside the
range of sanctions that already exists, the sanction of imprisonment,” he says.
The Attorney-General has refused to answer questions on the legality or constitutionality
of the legislation. He also declined to say how children will be ensured a continued
relationship with their jailed parent and why he is handing more power to the judges
of the Family Court.
Williams also declines to say whether jailed parents would be placed on suicide
watch.
If, as research from leading suicide expert Pierre Baume and others suggests, 70
per cent of suicides of adult males aged 20 to 60 are related to relationship breakdown,
based on the latest Australian Bureau of Statistics figures at least 20 men a week
are killing themselves after separation. This is five times the rate of youth and
female suicides.
Griffith University research psychologist Susie Sweeper, and expert on separation,
says there are high levels of stress associated with the Family court and CSA.
“The accumulation of stress from not seeing the children, low finances, litigation
and low levels of social support can lead to psychopathology such as suicide,”
she says. “Some [parents] are very angry ... That is certainly expressed.
“By putting these people in jail you would increase their stress levels further.
This would not assist children.”
With paying parents unable to specify how their payments are spent, CSA research
suggests half of all payers do not believe their money is benefiting their children.
CSA policy director Sheila Bird says Australians have much to be proud of, with
90 per cent of all liabilities paid since the agency's inception. She claims this
is the world's best.
She disputes doubts raised by men's groups over the honesty of the agency's review
officers and disputes claims made by many paying parents that the formulas used
by the CSA are inflexible and fail to take into account individual circumstance.
Bird says that where a parent refuses to pay, it is appropriate for the CSA to take
court action. “If parliament gives the court the authority to jail a person for
an offence, then the court determines whether that is “appropriate,” she says.
Bird says she does not know the suicide rate among paying parents.
The chairman of the 1994 joint select committee on the child support scheme, Roger
Price says no one should think the CSA was set up to benefit children. He says its
sole rationale is to save taxpayer money by clawing back social security payments,
as each dollar paid by a parent reduces the amount of social security paid to the
recipient. “It is not about the best interests of children and never has been,”
he says.
He is angry the effort that went into the 1994 inquiry has been wasted, with the
Government “cherry picking” the punitive measures suggested in the report to further
enforce money collection.
Price, one of the most high profile advocates of a non-adversarial tribunal to replace
the Family Court, says there has to be a better method than jailing people.
“We have to find a less battering and bruising and financially crippling system,”
he says. “The Family Court and Child Support are a nightmare legal maze. Jailing
is most definitely the wrong way to go.
“What frightened me while doing the report was the level of frustration I found.
People had spent all their money on legal cases, borrowed from credit cards, borrowed
from parents, and were seething with anger. I was frightened to see that level of
frustration and anger. This continues to this day, absolutely.
“Back in 1994, when I said peoplewere committing suicide in major part because
of family law matters, people were disbelieving. No one disbelieves it anymore.”
The greatest paradox of the jailing debate is that both men's and women's groups
are united in their opposition; although the Attorney-General might not see any
humour in this historic rapprochement.
Sole Parents Union president Kathleen Swinbourne says: “Children do not benefit
from seeing either of their parents dragged off by the police and put in jail.”
Sarah Maddison from the Women's Electoral Lobby says the general response across
women's groups has been one of horror at the suggestions that parents could be jailed
for failing to comply with Family Court orders of any description.
“Child Support is not working for either parent at the end of the day,” she says.
“Both sides feel ripped off.”
the men's groups, who will be most affected by the jailing provisions, have been
vociferous in their opposition. Barry Williams of Lone Fathers says: “I do not
trust the Family Court to make fair decisions.”
Malcolm Mathias of Fathers for Family Equity describes the proposals to jail parents
as “extreme, unwarranted, ill-conceived and draconian”.
“Many non-custodial men are forced to live in cheap accommodation, are compelled
to leave paid employment, forced into bankruptcy, lose contact with their children,
lose any prospect of a comfortable retirement and a growing number ultimately commit
suicide.”
Sue Price of the Men's Right's Agency says the jailing furore highlights the need
to look at the financial and social cost of the style of custodial orders made by
the Family Court since its formation a quarter of a century ago.
“It is a harsh regime when people are having more than one third of their income
garnisheed, yet have no say on where the money goes and are not sharing in the joys
of raising their children,” she says.
Case Study: Swamped By Debt
James has four children aged 10 to 15 whom he sees more than 40 per cent of the
time.
“I have done the right thing by the children,” he says.
“When my wife left me she said I was too much of a family man.
“The impact the CSA has had on my children's lives has been pathetic. It has to
be held accountable. I believe the time will come when children will take the CSA
to court.”
James (not his real name) has a back debt of $40,000. About $27,000 is penalty for
late payment. He says this is a false debt because it accrued when he had lost an
$80,000 -a-year job but a review from the agency kept him on that salary.
Last year it took his $4500 tax refund. On Christmas Eve he received a letter informing
him that his bank accounts has been swept, the money seized. One of the accounts
was money in trust for the children - $2000 - which James says took the children
five years to save. He was so outraged, it became a mini cause celebre in the local
media.
“The CSA's response was they didn't know where the money went but that it probably
went to the custodial parent.
The kids have asked about it and she denies knowing anything about it.
“What really gets under my skin is the injustice.”
Case Study: Beaten by Bureaucracy
LEANDRA'S (not her real name) two youngest children, four and seven, live with her;
she is bringing them up in the most expensive city in the country.
Her former husband lives on a pension in a Queensland coastal town. Her eldest son,
10, lives with his father.
Because I am working, I have to pay him $150 per week. He is not working and is
on a full time sole parent pension, although he does work for cash in a boat yard.
“Even though I have made this fact quite clear, no one wishes to look into it.
They say until he lodges a tax return, it is on their records that his only income
is a pension.
“He is getting $700 a fortnight, $300 from me, plus his cash income, plus the child
is living with his grandparents at least four nights out of the seven.
I doubt very much if my child sees that $600 a month, or the grandparents. There
are lots of extras I could buy my children for the $600 a month. And the only time
I get to see my son is when I fly up or pay to fly him down.
The CSA is bound by ridiculous policies, it is definitely encouraging welfare dependency.
If you get a pay rise, you have to pay more. You hesitate to take a promotion.
Case Study: Death by Poison
KATHERINE always cries when she talks about her brother Joseph (not their real names),
who committed suicide at the age of 34 after a call from the Child Support Agency.
He had four children between three and 12, who were living with his ex-wife.
“He was a very naive person, gentle, kind, caring person,never pushy,” Katherine
says.
“He had been depressed because he had no money, he had absolutely nothing. Mum
fed him, his sisters bought clothes.
“That day he went to the doctor. The doctor said he was happier than he had normally
been.
“We left the house to pick up a daughter; I said 'Joseph, your dinner is in the
fridge.' ”
The coroner's report records how the agency phoned Joseph on the evening of his
suicide attempt, telling him that because he had overpaid by $800, he had to write
a letter so his former partner could get the money - otherwise it would go in administrative
costs. He was told he could not have it back.
Joseph drank a poison known as Lethabarb. It took him 19 days to die.
The coroner's report records that an attempt was made to identify the relevant agency
officer “for the purposes of this inquest and to have him or her called as a witness”.
However, the coroner records that “secrecy provisions” meant the agency was not
required to disclose any information. Agency representatives did not attend the
inquest.
“Eight hundred dollars, that money would have eased things so much, made such a
difference to his life,” his sister says.
“The next month the CSA wrote wanting to know why he wasn't paying his child support.
“How are we supposed to teach our children not to run people into the ground, humiliate
and degrade them, just for your own benefit?”
The Child Support Agency
* Although it affects the lives of millions of Australians, studies show only half
of the population has heard of the CSA. What many do not realise when they separate
is that after the property and children are divided, it is just the start of their
dramas. Non-custodial parents can lose as much as one-third of their gross income
on a weekly basis until their children leave university. The body that calculates
the payments, administers the transfers, and take punitive action against the non-payers
is the CSA.
* Founded in 1988 with bipartisan support, the CSA has more that 1 million clients
catering for about 1 million children. Including grandparents, but excluding siblings,
it affects 6.5million people. There are 5000 to 6000 new cases a month. The cost
of operation is $190 million and the saving in social security payments is estimated
at $419 million; &1.324 billion is transferred each year.
* Many groups argue that the agency costs more than it saves because of its disincentives
to work for both payers and payees. Depending on the method of calculation, unemployment
among payers is 22 per cent to 32 per cent. About 192,000 payers earn less than
$10,000 a year.
* The total child support debt is $455 million, and the CSA estimates 62 per cent
of parents are in arrears.
* After tax, superannuation, Medicare, earning expenses, child support, access costs,
rent and food, a non-custodial parent earning the average wage has %15 a week to
meet all other expenses including gas and electricity.
* The formula is one of the most contentious aspects of the CSA. The percentages
are calculated on gross income but taken out of net income. There is, however, a
safety-net minimum that must be left to the parent: an amount equal to the single
unemployment benefit.
The payment formula works out as follows:
One child: 18 per cent of gross income after the single unemployment benefit has
been deducted.
Two children: 27 per cent.
Three: 32 per cent.
Four: 34 per cent.
Five or more: 36 per cent.
* The Commonwealth Ombudsman has consistently criticised the CSA for complexity.
There are 7500 formal complaints made each year, including 2282 via the minister's
office or parliament last year. Only five out of every 1000 complaints are upheld.
Although the Family Court is the relevant court of appeal, only 0.28 per cent of
child support cases have been ordered by the court, with the remaining cases being
governed by CSA rulings.
* There are 1200 cases before the CSA litigation unit. The CSA intercepts $47 million
in tax returns each year.
* 92.2% of payers are men and the rest women, an increasing number of whom are in
default.
Although there are concerns that the CSA is contributing to high suicide rates among
separated men, the agency claims not to know how many of its paying parents are
affected.
";"Attorney General Daryl Williams wants to jail more mums and dads who defy family
law. But as John Stapleton reports, critics say it is the system that is at fault.
Once upon a time, Frank played professional sport and was married with two y"; "46";"sup";"Children
Tell MP: Agency Stole Their Life Savings";"Canberra Times";"2000-01-08";"Katharyn
Heagney";;"Four Queensland children have written to their local Member of Parliament
claiming the Child Support Agency ' stole' their life savings to help pay their
father's $43,000 child-support debt.
The children, aged between nine and 15 years, said in the letter $2099.32 had been
seized on Christmas Eve from a bank savings account their father operated as trustee
for them.
They had been collecting loose change and pocket money for the past five years and
depositing it into the account with the intention of one day investing it in the
share market.
The children's MP, Liberal Gary Hardgrave, said, 'On first blush . . . it strikes
me as completely wrong that the children's money is being taken by the CSA.'
The agency had shown in the past it would go to extraordinary lengths to get money
back.
'The Child Support Agency have proved to have been a law unto themselves on umpteen
occasions. [It] says the money was taken from the children because the bank account
was controlled by the father, who they said had been in child-support arrears since
September 1996.
The director of public affairs at the agency, Robin Poke, said, ' We do know that
he has sole control of the account being discussed, and the money is in his name,
not his children's. He has been making regular payments, but based on his idea of
how it should be structured.'
The agency was concerned that in some cases parents used their children to approach
it. It also had cases where the non-custodial parent rearranged financial affairs
to lower payments.
The children's father said the agency had accumulated his ''phantom debt'' made
up of $35,019 unpaid child support and $8278.17 late-payment penalties for 10 months
after he notified them he had been terminated from his job in September 1996.
He had been paying $1583.33 child support a month before his job termination, but
continued to pay about $230 a month while setting up his own business paying amounts
he said had been specified on monthly CSA invoices.
'The fact of the matter is there is no complaint from me whatsoever about paying
child support. It is to do with the debt that they created after I was terminated,'
he said. He stressed that the complaint had nothing to do with the children's mother,
rather, ' sloppy administration' on CSA's behalf.
Mr Poke said the agency obtained money from bank accounts to offset maintenance
costs as a ' last resort exercise' and it ' tried to avoid legal proceedings if
it can rely on the good faith of parents to meet their responsibilities' .
He did not know where the children's $2000 had gone, but ' assumed it was with the
payee in this case the child's mother' .
Meanwhile, the four children have asked for the CSA to ' leave dad and us alone'
.
The father said, ' If they think they can steal $2000 from the children, and not
have something said about it, that's pretty pathetic.' He had lodged a 500-page
submission about his case to the Commissioner for Taxation and Child Support Registrar
and was awaiting a response.
Mr Hardgrave said he was reluctant to comment on the case before his office had
received a response from the minister.
'I dubbed [the CSA] a few years ago the 'custodial parents revenge agency'.
They have allowed themselves too often to be used as a tool of revenge for the other
partner.'
It struck him as extraordinary that the CSA would let $40,000 accumulate. ''It doesn't
materialise overnight.'
He had been working to 'bring back a bit of fairness back into the system' where
both the custodial and non-custodial parents' circumstances were taken into account.
";"Four Queensland children have written to their local Member of Parliament claiming
the Child Support Agency ' stole' their life savings to help pay their father's
$43,000 child-support debt.
The children, aged between nine and 15 years, sa"; "47";"sup";"My Dearest Children";"Sydney
Morning Herald";"1999-01-16";"Bettina Arndt";;"The Howard Government is trying to
make life easier for non-custodial fathers. But the Family court seems to be working
in the opposite direction.
Bettina Arndt reports...
If you are male, working long hours to support the family but facing a shaky marriage,
watch out. In the event of a marriage breakdown, you would find that dedication
to work would leave you thoroughly the loser in divorce negotiations.
For a start, your busy working life would mean you would be likely to miss out in
battles over custody (residence) of children and be hard pressed to gain significant
access (contact). And then, under the rules of the Child Support Scheme which determines
how much financial support divorced men are required to pay for their children,
you'd be locked into continuing to work to your maximum capacity, even if that meant
you saw less of your children.
In a recent case decided by the full bench of the Family Court, a divorced management
consultant with five children had cut back his average 60-70 working hours per week
to care for two children then living with him, halving his $200,000 income. His
wife had received 80 per cent of the $500,000 property settlement.
The court was unsympathetic to his request for a reduction in child support. Robert
Benjamin, the Sydney family lawyer who handled the case summed up the verdict: “The
Full court's reaction was `Tough luck, Charlie'.” The man was required to keep
paying the maximum child support based on his former income of $200,000 plus he
was told to pay spousal maintenance - direct financial support for his wife.
The ruling that the man must continue to earn at his maximum capacity flies in the
face of 1996 changes to Family Law legislation designed to encourage more involvement
of divorced parents with their children.
Equally the order for spousal maintenance seems at odds with the assumptions underlying
the 1988 Child support Scheme, requiring payments which include a loading to compensate
wives for lost earnings due to child care responsibilities. The Scheme was assumed
to do away with direct spousal support but according to family lawyers, additional
spousal maintenance has remained popular in the Family Court.
Robert Benjamin: “Spousal maintenance is very much the flavour of the month with
Family Court judges. In the last four or five years such maintenance orders have
become very common.”
It's very clear that every effort is being made to compensate women for financial
losses suffered through their nurturing role - through compensation for lost earnings
built into the formula for child support, through the ten to twenty per cent extra
hunk that wives normally receive of the property settlement and in those rare cases
that reach the Family Court, through additional spousal maintenance. But many lobby
groups concerned with family law issues are now questioning why men's role as providers
should prove so disadvantageous in divorce.
There is currently an inter-departmental committee established by the Howard Government
examining questions concerning child support and related welfare issues. The new
government is clearly keen to address some of the problems, with new legislation
addressing certain flaws in the current passing through Parliament in the first
two weeks of sittings.
But these changes may be just the start: the government committee is considering
new research on the cost of children, a critical factor in the formula used to calculate
child support. Plus there are signs the government is acknowledging clashes between
the scheme and the 1996 legislation promoting joint parental responsibility after
divorce.
There was a significant paper given at last month's Australian Institute of Family
Studies (AIFS) Conference by Fiona Carberry from the Parenting Branch of the Department
of Family and Community Services (FaCS). Carberry suggested current welfare provisions
are working against the shared care of children promoted in the 1996 reforms.
At present divorced parents with joint care of children must designate one parent
as the “residential” parent attracting substantially higher welfare payments,
whilst the other parent receives the lower single rate of benefits and is subject
to work related activity tests and other constraints. Carberry argued the government
would benefit by treating both parents equally, since this would give both parents
opportunity to combine parenting with paid work, minimising social security payments
in the longer term.
Yet, as Carberrry acknowledged, this would also mean increased welfare costs if
the shared child-care responsibilities meant both parents were unable to earn sufficient
to be self-supporting.
The bad news for the government is increasing evidence suggesting major flaws to
the original idea underpinning the child support scheme the notion that the escalating
divorce related welfare costs could be offset by sending the bill to the dads.
There is a significant group of low-income men who simply can't afford to support
their ex-wives and children after divorce - leaving them largely dependent on sole
parent pensions. The Child Support Agency's (CSA) own research shows that over 50
per cent of potential payers under the scheme earn less than $18,000 per year and
half of all payers experiencing bouts of unemployment.
For this group in particular, the levels of payment required under the current formula
are onerous. Research conducted by Trevor Sutton at the Research School of Social
Sciences at the ANU shows men earning less than $15,000 per year with two dependent
children are required to pay over half of their disposable income in child support,
excluding a minimal self support component.
One of the changes included in new legislation is a 10 per cent rise in this self
support component excluded from child support calculations from $9006 to $9907 a
year. The 1994 Joint Select Committee (JSC) inquiry into child support had recommended
a twenty percent rise having concluded the previous level was causing significant
hardship to low income payers.
The legislation also gave relief to payers supporting second families who will now
be able to deduct 50 per cent of child support payments from income used to calculate
family allowances. Some payers will also be helped by a reduction- from $37,424
to $29,598 - in the level of payee's income at which the payer's liabilities for
child support payment are reduced. But here too, the JSC had recommended a greater
change - an addition $10,000 drop. the drop recommended by the JSC.
But with this low-income population, real questions remain as to the appropriateness
of assumptions underlying the formula for child support. The percentage of payer's
income required for child support under the current formula (18 per cent for one
child, 27 for two, and 32 for three) well exceeds the 16 per cent recommended to
cover the costs of children in evidence given to the Fogerty committee, which produced
the 1988 report leading to the scheme.
The hike in percentages was designed to compensate custodial parents for lost earnings.
Plus the committee was heavily influenced by AIFS research showing payers usually
quickly recover financial losses after divorce whilst most payees suffer significant
financial decline. Yet, as the JSC discovered, many divorced low income males fail
to bounce back they experience many bouts of unemployment, are often crippled by
debt and, particularly when supporting second families, remain locked into poverty.
It would be difficult for many of these men to even cover the basic costs of children
let alone the top up spousal support component built into the current formula which
brings us to another interesting development currently occupying the minds of bureaucrats
concerned with child support policy.
In 1996, the newly elected Howard government came under pressure to make good their
election promise to implement more of the JSC recommendations, the bulk of which
had been ignored by Labor. It responded by making administrative reforms and setting
up an investigation of costs of children as suggested by the JSC stating that only
when the results were known would the government consider changing the formula.
A Budget Standards Unit (BSU) was established at the Social Policy Research Centre
at the University of NSW and commissioned to investigate costs of children. The
results of the BSU has been available since April this year and the official response
of government has been a deafening silence.
The implications are hardly welcome to the government.
For a start the BSU data shows welfare payments to be considerably below the basic
living costs for single mothers. For instance a single mother with a child aged
6 receives approximately $291 combined welfare payments. The BSU data estimated
the mother's basic living costs at $372 per week.
But the BSU data also shows that men paying the higher levels of child support are
paying more than the total cost of their children. So a man earning $70,000 is required
to pay $317 child support for two children. The BSU data finds the costs of providing
for these children at a moderate living standard would be $304.
The BSU data can also be used to calculate the costs to the non resident parent
of caring for children during contact visits and that's just what some of the divorced
Dads are now doing in applications to the Family Court regarding child support.
Bruce Hogan, a Cairns engineer calling himself the “divorce doctor” runs Enalysis,
a consultancy advising on family law and child support matters. The consultancy
has a number of cases in the Family Court which use detailed BSU calculations to
divvy up child costs on between residential and contact parents, splitting expenses
according to days of contact.
Hogan is using previous Family Court judgements to argue that child support should
be based solely on these basic costs of children. But this ignores the other principle
which shapes the formula namely that, where possible, children's pre divorce lifestyle
should be maintained. There is widespread community support for the sensible notion
that high income men should give more indeed many affluent divorced men want their
children to live comfortably and accept that the formula should be graded according
to income.
But even the more generous men run into problems with the way the system is currently
operating - particularly when child support comes on top of inequitable property
settlements and sometimes spousal maintenance. And then there's the fact that men
earning over $50,000 are in the highest bracket for child support but also in the
highest tax bracket an expensive combination. A non resident dad in this income
bracket with two children is currently left with less than twenty cents in every
dollar earned over $50,000,after paying tax, child support and employees superannuation
of three per cent.
Some relief is possible if the Coalition pushes through the high income tax breaks
included in its tax package. But the Democrats have already announced their intention
of reducing the tax cut for high income earners from $86 to $26 to fund the exclusion
of food from the GST and Senator Brian Harradine may well move in a similar direction.
this set of election promises.
The government child support committee will be watching these developments closely
but without the promised tax relief, work disincentives for this group of payers
will remain. In the end, it all comes down to money public money. Indeed the Family
Court and the CSA are required under law to protect the public purse hence absolute
priority is given to minimising welfare costs by, for instance, forcing men to pay
according to their earning capacity irrespective of the impact on their fathering.
There's no doubt continuing problems with the scheme are acknowledged by the government
which is coming under pressure to improve the transparency of the formula. Even
so, the implications for the welfare budget of any relief for low income payers
remain a major impediment to further progress. ";"The Howard Government is trying
to make life easier for non-custodial fathers. But the Family court seems to be
working in the opposite direction.
Bettina Arndt reports...
If you are male, working long hours to support the family b";"The Sydney Morning
Herald's sub-heading to Bettina Arndt's latest article states the government is
“trying to make life easier for non-custodial fathers”. MRA is not at all sure
the government is unanimous in this objective. Judging by their actions and t" "48";"sup";"Fathers
Force PM to Review Child Support";"The Australian";"1988-01-17";"Richard McGregor";;"John
Howard has agreed to review child support payments after a backbench campaign on
behalf of fathers angry about the present system.
But the Prime Minister protested on Cairns radio yesterday when announcing that
the Government was studying changes that he did not know whether he could find a
fair system from the wreckage of thousands of broken relationships.
“I find it a very, very difficult social issue, and I have sympathies on both sides
of the argument, but I don't think anyone has got the perfect answer because there
aren't perfect answers,” he said, stressing it was a bipartisan issue.
Mr. Howard said ministers had discussed the issue in Cabinet last week, an indication
that the Government might consider new measures in next month's Budget.
Backbenchers are attempting to force further reforms to cut payments, even as parliament
debates a Bill introducing extensive changes to child support, which are themselves
the product of a lengthy review.
Liberal MP Warren Entsch, whose North Queensland electorate covers Cairns, told
The Australian yesterday that backbenchers wanted new ways of assessing the income
of parents paying child support.
“These people have no real satisfactory mechanism of getting justice,” he said.
People providing child support are overwhelmingly fathers; about 92 per cent of
the 440,528 payers are men according to government statistics.
“We are still talking about single mums - they have a difficult time, an naturally
they look to the father to make a contribution,” Mr Howard said on radio.
He added that if payments to custodial parents were cut, taxpayers would have to
step in to make up the difference.
“There are no other choices,” he said.
However, he did say he appreciated the problems of people paying child support to
a former partner while attempting to provide for a new family.
The present support system sets payments at different levels depending on the number
of children and the taxable income of the payee.
Cairns radio interviewer, David McKenzie complained to Mr Howard that one of his
former guests, a rodeo rider had been forced to pay child support “after a fleeting
indiscretion behind the bar at a local show”.
But, Mr. Howard objected to the complaint, saying the welfare of the child was paramount,
regardless of how he or she had come into the world.
Mckenzie told The Australian after the interview that the rodeo rider had since
fled to Canada to avoid paying.
“He hardly knew this woman's name,” he said.
Government officials said the father paying $3000 a week for one child - cited as
an example yesterday of the system's injustices - would be earning more than $75,000
annually.
One MP said in last week's parliamentary debate that he received 10 time more complaints
about the child support system than about poor service by Telstra.
";"John Howard has agreed to review child support payments after a backbench campaign
on behalf of fathers angry about the present system.
But the Prime Minister protested on Cairns radio yesterday when announcing that
the Government was stud"; "49";"sup";"Wimping on Child Support";"Sydney Morning
Herald";"1997-10-02";"Bettina Arndt";;"Tuesday morning it was front-page news. The
Melbourne Coroner heard the sad story of a man who hanged himself in a police cell
after two years of being denied access to his three children. One more victim adding
weight to the continuing public concern about gross inequities in the treatment
of non-custodial parents after divorce.
By the end of the day, the Howard Government had struck another blow to the campaign
promoting the rights of non-custodial parents. In announcing changes to the Child
Support Scheme, it wimped out.
Far from the sweeping reforms promised by the Liberals before election, the Cabinet
proposals approved by the Coalition joint part room, tinker at the edges, failing
dismally to address major concerns of critics of the scheme.
Mr Howard railroaded the proposals through the party room against heated opposition
from members of the backbench committee set up earlier this year to lobby for changes
to the scheme. The backbenchers are all too aware of growing frustration at the
failure of successive governments to respond to recommendations made by the Joint
Select Committee on Certain Family Law Matters (JSC), a bi partisan parliamentary
committee which investigated the scheme three years ago.
One major concern of the JSC was that under the current formula underpinning the
scheme, the custodial parent often fares well at the expense of the non-custodial
parent, who may well end up impoverished. Men with second families earning between
$20,000 and $25,000 per year often find themselves with up to $500 per month less
disposable income than their first families.
Tuesday's proposals do little to rectify the situation. There's a measly $901 increase
in the amount of “exempted income” for self-support for non-custodial parents.
It's unsurprising that the backbenchers are up in arms at being forced to return
to their constituents with a mere $17 a week relief from onerous child support payments.
This is half the percentage increase recommended by the JSC.
Equally, the proposals fail to bite the bullet concerning the high level of disregarded
income for custodial parents.
This is the amount the custodial parent can earn before any reduction in the non-custodial
parent's child support payments. The Government proposal cuts this from $37,424
to $29,598 - more than $10,000 less than suggested by the JSC. And contrary to the
JSC recommendations, custodial parents can still apply for child-care fees to be
added to disregarded income.
But there will be just as many custodial parents who will be appalled at the Government's
failure to address their concerns - particularly women whose ex-husbands are self-employed
and in a position to minimise their taxable income. Cabinet's only response to their
plight has been to add excluded net rental property losses and exempt foreign income
to the parent's taxable income used to determine child support liability.
And there is no mention of strengthening the enforcement provisions to ensure compliance
with required payments and penalties for income minimisation. Yes, there are some
good moves - like the requirement that all non-custodial [parents, including those
on the dole contribute a minimum of $5 a week for their children's welfare. Also,
fathers with second families can now claim 50 per cent of any child support as a
deduction from the household income used for determining family payments and child
care-assistance.
Finally, the Government is encouraging parents to escape the clutches of the Child
support Agency - a smart move since, by some estimates, the money recovered by it
is less than half the costs of administration.
But, there are other areas of concern which have not been addressed - such as reform
of the much-criticised review system by introducing some predictability to the process
through public access to published decisions and the introduction of a less costly
system of appeals.
Given that the previous Labour government also had a dismal record on reforming
child support, it will be interesting to see whether the Opposition will now take
on some of the tough decisions by moving appropriate amendments when the legislation
is introduced into Parliament. A Labour taskforce of relevant shadow ministers is
soon to meet to plan strategy.
Yesterday, the Government announced that even these feeble reforms will not be implemented
before 1999. But try as successive governments might to duck and stall, this hot
issue is not going to go away.
";"Tuesday morning it was front-page news. The Melbourne Coroner heard the sad story
of a man who hanged himself in a police cell after two years of being denied access
to his three children. One more victim adding weight to the continuing public concern
abo"; "50";"sup";"Two Families, One Divorced Dad and Not Much Cash to Go Around";"Sydney
Morning Herald";"2001-11-28";"Lee Glendinning";;"Andy Thompson says the idea that
divorced men who remarry earn enough to support their second family is completely
misleading.
Mr Thompson pays $185 child support a month to his first wife and two children and
says he struggles to raise the three children, all under 10 years old, from his
second marriage.
“It's not that I don't believe in paying child support - I have no problem with
this and believe I should,” he says. “But I also believe in equal parenting and
that really doesn't seem to be happening in most cases.''
Mr Thompson is a member of the volunteer support group Dads Against Discrimination,
and says he takes up to five calls a day from non-custodial fathers in a similar
position to his.
He has not seen the children from his first marriage, aged 19 and 12, for six years.
As a self-employed distributor living at Douglas Park, near Picton, he earns $32,000
a year and has to support his wife and three children, Josh, Jessica and Sarah.
Despite having to pay court costs of $60,000 following his divorce and buying a
new property, Mr Thompson says he has always managed to pay adequate child support.
“I've always been on time in my child support payments, but recently, as the kids
have been getting older and there are more things to pay for, it has become a lot
more difficult,” he said.“So I've been late a month or so, but they don't mind
so much because they know I'm reliable.”
This situation is common among many divorced parents, Mr Thompson claims, saying
he finds it hard to believe any finding to the contrary.
He does not know of anyone who is as financially well-off in their second family
as they were in their first.
Recently, however, it has become a little easier for Mr Thompson and his second
wife, Louise.
Mr Thomson no longer has to pay child support for his first child, who has just
turned 19. Up until that point, instead of paying $185 a month, Mr Thompson had
to pay $400 a month.
“I've worked all my life. I pay my taxes and now I just want to look after my kids,”
he says. “But the unfortunate thing is that, in most of these situations, it is
the kids who miss out.''
";"Andy Thompson says the idea that divorced men who remarry earn enough to support
their second family is completely misleading.
Mr Thompson pays $185 child support a month to his first wife and two children and
says he struggles to raise th";"Note the second paragraph wherein it says: “Mr
Thompson pays $185 child support a month to his first wife and two children”. Most
of you would agree - not a great amount - just $43 per week for two children. BUT
THIS IS NOT THE TRUE SITUATION!! " "51";"sup";"Parental Payments Cost '3 Lives a
Day'";"Canberra Times";"2000-11-19";"Megan Doherty";;"As many as three men a day
are committing suicide because the nation's child-support system is driving them
over the edge, according to the Lone Father's Association Australia.
Association President Barry Williams said the claim was not based any official figures
but on anecdotal evidence such as phone calls made to its 22 branches around Australia.
“People will ring to say their son or partner has deliberately driven into a truck
or driven off the road because they can't take it any more,” he said.
ACT Coroner Warren Nicholl acknowledged this week that a struggle to meet child-support
payments had played a large part in the suicide of Canberra man William Gilbert.
Mr William said the Lone Fathers Association supported the Child Support Agency
and believed non-custodial parents should pay child support, but believed it should
be based on a flat rate calculated after tax had been deducted.
Earlier this month Labor and the Democrats defeated in the Senate the Government's
proposed changes to child support which would have seen non custodial parents pay
$48 million less a year to custodial parents.
A spokesman for Family and Community Services Minister Larry Anthony said negotiations
with Labor and the Democrats were continuing.
Australian Democrats Senator John Woodley said no-one denied injustices were occurring
in the child-support system, especially to non-custodial parents, but the solution
was not to shift the problem on to custodial parents. He hoped a compromise could
be reached.
";"As many as three men a day are committing suicide because the nation's child-support
system is driving them over the edge, according to the Lone Father's Association
Australia.
Association President Barry Williams said the claim was not ba"; "52";"sup";"Second-Marriage
Fathers Not So Poor";"Sydney Morning Herald";"2001-11-28";"Adele Horin";;"The perception
of divorced men being impoverished by child-support payments is challenged by a
study that shows many are as well off in their second families as they were with
their first.
Some divorced fathers have complained they are unable to start new families or cannot
adequately support them because of the burden of child-support payments.
But official figures in a Child Support Agency study show little change in the disposable
income for men in lower income groups. It is better-off men in second families who
suffer the biggest income fall.
Men on a taxable income of $35,000 can enjoy about the same standard of living in
a second family despite having to pay child support to the first family. This is
because they pay $2545 a year in child support for one child but receive more than
$7000 in government benefits, such as family tax payments, for the second family.
Their disposable income of $32,000 is about $1800 less than they had in the first
family.
Kathleen Swinbourne, of the Sole Parents' Union, said: “The claims of the disgruntled
dads have been accepted at face value and the Government has moved to assist them
at the expense of the custodial parent.” However, Barry Williams, of the Lone Fathers'
Association, said tables produced by the Child Support Agency were not believable,
and he expected the Federal Government to further amend child-support legislation
to help non-custodial parents.
In July last year, new rules came into effect which transferred a portion of the
family tax benefit from sole parents, mostly mothers, to non-resident fathers if
they had care of their child for 37 nights or more a year.
The Child Support Agency's tables, left, assume the man is the sole income earner
in his first and second families. He has one child by the first wife and one by
the second; his ex-wife relies on the sole-parent benefit.
At a pre-tax income of $50,000, the man in his first family had a disposable income
of $40,819 after tax and government benefits. In his second family, the man's disposable
income falls by almost $5,000 to about $36,000 after he pays $100 a week in child
support.
“At this higher income, it's a more substantial gap between first and second families
but it still leaves the man with $36,000 on which to support a new wife and child,”
Ms Swinbourne said. “The ex-wife and child live on just over $20,000, half the
household income they previously enjoyed.”
At a pre-tax income of $75,000, the man who starts a second family suffers a drop
in disposable income of about $10,000. While his second family lives on $44,500,
the sole parent and child live on $23,800.
Ms Swinbourne said men with new partners had to expect to be worse off when they
had another child, given that they still had their first child to support.
The assistant general manager of the Child Support Agency, Sheila Bird, said: “Child
support is a very emotional issue and there are lots of myths and fictions about.”
The agency wanted to inject factual information into the debate.
“The basic concept of Australia's child-support system is that parents have a responsibility
to support their children even after separation, and the good news is that Australian
parents in the main accept that responsibility.”
";"The perception of divorced men being impoverished by child-support payments is
challenged by a study that shows many are as well off in their second families as
they were with their first.
Some divorced fathers have complained they are una"; "53";"sup";"Support Payments
'drove man to suicide'";"Canberra Times";"2000-11-19";"Megan Doherty";;"“You've
pushed him to the grave,” ex-partner tells CSA officer
Queenbeyan woman Kate Gibbs is convinced the pressure of making child support payments
while being unable to build a new life of his own is what finally drove her former
partner to commit suicide.
Ms Gibbs and Warrant Gilbert always expected to support his three children but not
to the extent where he was only working to keep up the payments and simply exist.
The 28-year old Canberra man died of carbon monoxide poisoning in a friend's car
in August while clutching a letter of demand from the Child Support Agency which
he had received two days earlier.
The Act Coroner's Court was told this week Mr Gilbertt was being forced to live
on $150 a week, 47 per cent of his gross salary gone in tax and 30 per cent in child
support.
Coroner Warren Nicholl made no recommendation about the CSA but said it was clear
that Mr Gilbert's struggle to meet obligations played a large part in the lead-up
to his death.
Ms Gibbs claims the CSA even asked Mr Gilbert to sell his car and furniture to maintain
the payments without taking into account whether the mothers of his children had
entered into new relationships and their circumstances had changed.
Ms Gibbs, 20, said, “You should have to pay for your kids, fair enough, but I mean
when they're set up and don't need the money, it shouldn't be taken.
Child Support Agency general manager Catherine Argall said legislation prevented
her from discussing in detail individual cases but she did suggest the CSA had not
treated Mr Gilbert unfairly.
“When CSA hears of the suicide of one of its clients, it has a profound impact
on us and particularly those staff who have spoken with the family.” Ms Agall said.
“In circumstances such as this we review our contacts and in this case I can confirm
there was no indication that Mr Gilbert was in distress over child support.
“The public records indicate that Mr Gilbert's personal circumstances were complex.”
MS Gibbs said other factor may have contributed to Mr Gilbert taking his own life
but she believes the child support payments and the fact that the mothers of his
children did not want him to see them tipped him over the edge.
Ms Gibbs said Mr Gilbert was working seven days a week but still could not get out
of debt or buy his own home.
“He wasn't getting anywhere,” she said.
Mr Gilbert had three children from two different relationships.
Ms Gibbs, who was with him for four years, claims she rang Mr Gilbert's CSA case
manager the day after she discovered he was dead.
“Pretty much the firs thing that came out of her mouth was , “Did he have a will?
Does he have any assets?” and I said, 'You're not taking anything else off him.
You've pushed him to the grave,” she said.
Ms Gibbs believes the CSA has a punitive attitude to non-custodial parents.
“When we put a claim in to get payments reduced and he put down $10 for entertainment
they wouldn't lower it because he spent things on entertainment,” she said.
“It's just little things. You can't go anywhere. You just haven't got the money.”
";"“You've pushed him to the grave,” ex-partner tells CSA officer
Queenbeyan woman Kate Gibbs is convinced the pressure of making child support payments
while being unable to build a new life of his own is what finally drove her former
partner to comm"; "54";"sup";"Change is Essential to the Child Support Formula";"Sydney
Morning Herald";"2000-11-13";"Bettina Arndt";;"It will be a tragedy if the current
moves to change the child support system are thwarted in the Senate, writes Bettina
Arndt .
The latest attempt to reform child support is in trouble, with Labor and Democrat
senators refusing to pass key government amendments. Talks continue but it seems
unlikely the Government will overcome Opposition resistance to dividing the costs
of children more fairly between separated parents.
One surprising aspect of last week's parliamentary debate was the claim by both
Labor and the Democrats that there was not sufficient evidence on the costs of contact
to justify reducing child support liabilities for non-resident parents who care
for their children between 10 and 30 per cent of nights a year.
There was also the misleading suggestion that these costs are already taken into
account in the child support formula. In fact, there's absolutely no evidence that
costs of contact are included in the formula in any measurable way. In 1987, when
the formula was designed, there was no research on the costs of contact, nor much
Australian data on costs of raising children. The result was a poorly documented
formula based on very limited evidence.
However, major research studies are now available giving solid Australian evidence
on the costs of children - which show very clearly the formula is flawed. Rather
than sharing the costs of the children, as prescribed by the legislation, middle
and higher income fathers actually pay the total costs of children (or more) in
child support - hence the proposed amendment reducing the upper limit or “cap”
on payer income used to calculate child support.
Now finally there's solid data on contact costs, with the release of important new
research which paints in graphic terms the financial burden faced by non-residential
parents who attempt to maintain contact with their children. This study, due to
be published next year in the prestigious Journal of Social Policy, was undertaken
by Macquarie University sociologist Dr Paul Henman, and Kyle Mitchell, a Department
of Family and Community Services policy analyst with extensive experience in child
support research.
This research - which was made available to senators considering the legislation
- absolutely nails the inequities being experienced by contact parents under the
formula. It shows, for instance, that for a man who has contact with a child for
20 per cent of the year, the costs of this contact are about 40 per cent of the
total yearly costs of raising the same child in an intact couple medium-income household,
and around half the yearly costs in an intact low-income family.
So non-resident parents face significant financial costs from providing relatively
small amounts of contact. The key issues are household infrastructure - sleeping
accommodation etc for the children, and costs of transport and communication between
the two households. These costs, which can preclude fathers from maintaining regular
contact, are not taken into account in the formula's calculation of child support
liabilities.
Henman and Mitchell point out that the diseconomies of raising children in two separated
households raises doubts about “the realism, fairness and efficacy” of arguments
that child support liability levels should attempt to maintain pre-divorce living
standards of children: “There is a danger that the level of child support liability
may, at least partly, be at the expense of the ability to afford contact and/or
compliance with child support liabilities.”
They make a strong argument that just as the interests of children place an obligation
on the State to provide for sole parents struggling to survive on low incomes, there
is also an obligation to ensure non-residents' income is sufficient to meet costs
of contact.
This powerful research adds new urgency to the need to restore legitimacy to our
formula by addressing these glaring inequities. There are overseas countries which
regularly review and update their formulae in the light of new data on costs of
children. Yet in Australia, whose formula must rank among the world's worst in terms
of research-based validity, any attempt to update it in line with relevant research
meets with massive resistance.
The contact proposals included in this legislation are only one small imperfect
step towards addressing the problems with the formula. It is alarming that both
Labor and Democrats show such resistance to any change resulting in the slightest
loss of income for resident parents. Concern about the impact on low-income lone
parents is understandable - although many lone parents will be supported by increased
family tax benefits. But it's a different story with higher-income parents, where
giving contact fathers a little more and resident mothers a little less would result
in no real hardship, but simply a little more equity.
The Government is well aware of the social costs if this package of reforms should
fail. The glaring inequities in our child support system are at the heart of the
widespread disquiet and alienation of large numbers of non-resident parents and
their families. This alienation plays a role in the large numbers of children losing
contact with their fathers, the astonishing 25 per cent of child support payers
currently not in employment, the alarming rate of suicide among separated men, and
the fact that more than half of lone parents receive very little or no child support.
An unfair system makes for an unhappy, dysfunctional society.
";"It will be a tragedy if the current moves to change the child support system
are thwarted in the Senate, writes Bettina Arndt .
The latest attempt to reform child support is in trouble, with Labor and Democrat
senators refusing to pass key";"An excellent article from Bettina. You can use this
to protest the Labour and Democrats decision to reject the minimal changes in the
CSA Amendment bill. Send a copy now with your brief letter of protest to each and
every Labour and Democrat member of par" "55";"abs";"Battered by the System";"The
Weekend Australian";"2000-06-03";"John Stapleton";;"Nobody believed 'Frank' when
he tried to protect his son from bureaucratic bungling. John Stapleton reports that,
nearly 20 years on, Frank has been proved right, even though he lost in court.
The boy was eight weeks old when his father called welfare authorities and pleaded
with them to take his son into foster case. He alleged that the mother was being
violent towards the child, throwing him against walls and trying to smother him.
The authorities ignored him, as they did for years to come, but the father persevered.
Twenty years, 550 days in court and tens of millions of dollars of public funds
later, the matter which has just run across the civil, criminal and family law jurisdictions,
reached its final chapter this week.
Last year the Office of the Director of Public Prosecutions, satisfied there was
a prima-facie case, laid charges against the mother for tying her son in a cot with
a rope, striking him in the face, throwing him against a wall and “causing him
actual bodily harm“, events alleged to have occurred in 1981-82.
But earlier this week, in a judgment highly critical of earlier police inaction,
Sydney's Downing Centre Local Court issued a permanent stay on proceedings, primarily
due to the time that has elapsed since the alleged offences occurred.
Magistrate Hugh Dillon said the disappearance of police records raised the suspicion
of a cover-up. But he said the “appalling” treatment the Police Service meted
out to the father did not detract from the issue of the mother facing a possible
abuse of process because of the 20-year delay.
One of the sad ironies of the case is that, although the father does not see it
this way, in many of his claims of judicial, police and political inaction as well
as inappropriate behaviour by the NSW Department of Community Services have been
vindicated in a series of court judgments. But nobody has been found guilty, no
compensation has been paid.
The long history of the case means it offers a time-tunnel view of the behaviour
of bureaucracies in the face of an outraged and persistent litigant. Its resolution
comes as sex and family issues are attracting worldwide media attention, with focus
on the high suicide rates of separated men and the behaviour of family courts, child
protection authorities and court-appointed psychiatrists.
An expert on female abuse of children, Dr. Malcolm George of St Bartholomew's Hospital
in London, says it if “par for the course“, where the mother is the alleged abuser,
for institutions to spend large amounts of money defending their decisions,, based
on an ideology that “denies that women can be violent and abusive”.
It was nine years ago that The Weekend Australian broke the story of “James” and
his father “Frank” on its front page, illustrating one of the most under-reported
and under discussed crimes in Australia today: physical and sexual abuse of children
by women.
Although Australian and international research clearly indicates that children are
most at risk from their mother, followed by their step father and live-in boyfriends,
almost a decade on crimes of this type remain significantly under-reported and under-researched.
'I get flashbacks: a smell, an idea can trigger them', James.
During his early years, Frank - the family's real names have been suppressed by
the courts - made hundred of calls and applications to police, welfare organisations,
the NSW Department of Community Services, parliamentarians and the Family Court.
But it was not until 1984, when the child was four years old, that at least some
members of the department appear to have begun taking the accusations seriously.
A report by an independent clinical psychologist gave a graphic account of James
attempting to have oral sex with her - behaviour considered to have been acquired
from a woman. A departmental psychologist and a child protection worker then interviewed
the mother and the child. They concluded that James was an “emotionally deprived
little boy who has been sexually abused and has been exposed to adult sexual behaviour”.
For almost two years from this date, the father was prevented from seeing his son
through Family Court orders, actions by departmental officers and recommendations
by Sydney psychiatrist Dr Brent Waters, who had been a favourite of DOCS, the Family
Court and Legal Aid over many years.
Waters recommended custody be with the mother and that the father be denied access.
The Citizens Commission on Human Rights, which campaigned for the Chelmsford deep
sleep inquiry in the 1980s, has helped prepare a number of complaints against Waters
in the past year. Waters has declined to comment.
The journal Psychiatry, Psychology and the Law's editor-in-chief Dr Ian Freckleton
says there is a long and disappointing history of bureaucracies responsible for
the welfare of child not acknowledging errors.
“A particular difficulty exists in relation to the independence of advise,” he
says. “Welfare department often utilise services offered by mental health professionals
who interlink with the departments in a complex of advisory, consultant and expert
roles, all of which can be well paid and career-enhancing.”
Repeated attempts by Frank in the early 80s to gain custody failed. In 1986, James
was bashed with a cricket bat. Frank Alleges the boy's mother's then de facto husband
was responsible. The man was never questioned. A Children's Hospital report from
the time reports evidence of a recent severe beating “suggesting he had been held
on the face and struck”. The report noted “extensive bruising ... blue-black in
colour” and records the six-year-old's long association with the hospital for similar
problems.
In desperation, the father finally gained full custody of his son by locating the
home of the then federal attorney-general Lionel Bowen. Braving dogs, he knocked
on the door. Bowen was not at home but his wife answered the door and listened to
Frank's story. James has not seen his mother since.
The Ten network;s footage of teh child when he was 11 shows a quiet, well-mannered
boy asking: “Why was it me, why was it me that got hurt?” He said his mother “should
be put in jail for life, I just hate her”.
James, now 20, is on medication and rarely leaves the house. He has consistently
maintained for several years that he remembers psychiatrist Waters saying: “Don't
tell anyone about the naughty things mummy's doing.”
“I was so young,” James recalls. “The main things that come across now -I get
flashbacks: a smell, and idea can trigger them. It is more a sense of fear. I used
to dream a lot, nightmares ... about my mother. I was extremely scared of her. I
remember certain episode and events ... when her husband beat me with a cricket
bat ... I felt anger, but more than anything, no I feel pity.”
The obsessive campaign for justice by Frank has touched many of Australia's best
known people and has been mentioned in parliament 14 times. Among the judges who
ruled against the father was Elizabeth Evatt, a former chief justice of the Family
Court and now a member of the UN Human Rights Committee. Justice John Ellis, now
a senior Family Court judge, also ruled against Frank.
The dozens of politicians whom the father approached - unsuccessfully - for help
include Paul Keating, Gareth Evans, Neville Wran, NSW Minister for Women Faye Lo
Po' and NSW Police Minister Paul Whelan.
DOCS officers in the early 1980s accused the father of being violent and threatening
a number of solicitors. None of these accusations was proved.
After press coverage his local member, the then shadow minister for industrial relations
John Howard, called for an independent inquiry. In 1992 he told parliament: “I
have satisfied myself, from very lengthy interviews with my constituent and from
an exhaustive examination of a huge file, that the complaints that he has brought
to me about the conduct of officers of the then Youth and Community Services Commission
in NSW are justified”. Independent Ted Mack also claimed welfare officers showed
“prejudice and bias ... against the father when he made efforts to protect his
child”.
The weekend Australian concluded in the early 90s that documents unearthed under
freedom-of-information legislation showed government officers had made false claims
that the father was an arsonist.
The Ethnic Affairs Commission also expressed concerns.
During the past eight years, Frank has sought compensation via the NSW Supreme Court.
Last year, after 64 days in court and a transcript stretching to 3000 pages and
330 exhibits, the court handed down a judgment absolving a string of DOCS officers
of bias and negligence.
'I believe every child should be given every right to live without abuse and pain',
FRANK.
However, the court did find the department “in breach of its duty of care owed
to the plaintiff” in failing to fully investigate affidavits that alleged abuse
of the child, filed by a women who had lived at the refuge where James and his mother
were staying.
The court also found the department failed to attend promptly on notification of
a child at risk to provide material and give clear written instructions to Waters.
Psychiatric reports link the son's present problems with his early sexual abuse.
However, in a subsequent ruling last April, the NSW Supreme Court found there was
absent an essential link in the chain of causation” between breaches of duty of
care by DOCS ann conditions now suffered by the son. Justice Timothy Studdert was
unable to conclude that due investigation “would have led in the exercise of reasonable
care to the avoidance of ... exposure to sexual abuse”.
Frank believes his son needs treatment and the ruling leaves him without vital help.
His main focus now is his outrage at the way the NSW Supreme Court dealt with the
case.
He originally acted as “tutor” or guardian, for his son, the plaintiff. Well known
Sydney silk Alec Shand QC took on the case. In the end, the father was removed from
the case after allegations that his emotional involvement went against his son's
best interests.
Frank may very well not have helped his case through the years by calling everyone
who would not help him, including judges, politicians and police, “evil, disgusting,
protectors of paedophilia” and so on. Transcripts from the Supreme Court show much
legal huffing and puffing over the man's “scurrilous” attacks.
Frank alleged in a complaint to the Legal Services Commission that Shand, once granted
legal aid “hijacked” the case. He alleges that Shand deliberately concealed evidence
from the court and failed to cross examine witnesses. The commission found no wrongdoings
on the part of Shand.
Frank believes that the system, including the judiciary and politicians generally,
has acted to protect the interconnecting webs of Legal Aid, DOCS and the Family
Court. He says that his case is not just a failure of the system” “I am saying
the whole system is immoral, inhuman.
“The abuse of my son was known to the authorities from when my son was weeks old
to when he was 61/2. Instead of the system protecting my son from horror abuse,
they left my son in a dangerous situation and then proceeded to protect the people
who were abusing him.
“I believe one thing” every child should be given the right to live without abuse
and pain and suffering.”
Although Frank has been dismissed by members of the legal profession as “paranoid”
and “unpleasant“, his is not that uncommon a view. Whistleblowers Australia's
national president Dr Jean Lennane says DOCS, Legal Aid and the Family court “have
very close connection - incestuous you might say”.
“What tends to happen is that the aggrieved party, the whistleblower or litigant
early on gets labelled as a troublemaker and mentally unbalanced, unofficially or
with the help of a hired-gun psychiatrist or psychologist,” says Lennane.
“Once that has happened, nobody in any part of the bureaucracy is usually willing
to examine the facts of the original complaint. You find it constantly. The main
point is the waste of public money.
The scars of what happened to the family in the early 80s are still visible. James
after struggling to concentrate at school, is at a turning point, not sure where
his life will lead.
His mother has remarried and has two other children.
Frank, a pensioner, is fearful that he will be hit with a cost order for millions
of dollars for his Supreme Court Action. His hope that his case would help stop
other children being abused and provide a comfortable future for his son is in ashes.
He believes there are other fathers doing, as he did, everything they can to protect
their children and being frustrated in the process. “There is no doubt it is still
happening today,” he says.
Statistical Risks
Although there has been little Australian research, international studies indicate
that children are most at risk of abuse from their mothers.
US
The US Government's 1997 report Child Maltreatment found 62.3 per cent of perpetrators
were women.
The Heritage Foundation Study, The Child Abuse Crisis, found that of the approximately
2000 children killed each year, 55 per cent were killed by mothers, 25.7 per cent
by live-in boyfriends, 12.5 per cent by stepfathers, and 6.8 per cent by biological
fathers.
The 1995 report US National Incidence of Child Abuse and Neglect found that where
maltreatment led to death, 78 per cent of perpetrators were female. Boys were four
times more likely to be fatally abused and 24 per cent more likely to be seriously
abused than girls.
UK
The book Broken Homes and Battered Children reports that the child of a biological
mother cohabiting with a man other than the natural father is 33 times more likely
to suffer serious abuse that a child with married natural parents.
Australia
Although there is a contention over what constitutes a substantiation, the latest
statistics from the Australian Institute of Health and Welfare, based on an amalgam
of data from some states, suggests 31 per cent of child abuse cases occur in natural
families, 20 per cent in step or blended families, 40 per cent in single-mother
households and 5 per cent in single-father households.
End of the Road
The following are excerpts from this week's judgment in the Local Court of NSW by
magistrate Hugh Dillon, who granted a permanent stay on the case against the mother
of “James“, which alleged she bashed and tied up her son in 1981-82.
The real names of those involved in the case have been suppressed by the court.
“There is no explanation before the court as to why or how the investigation stopped
once the father had set it in train. No one has ever explained to the father what
happened during the investigation or what decisions, if any, were made by those
originally in charge of it. The fact that police records, which would, presumably,
explain these things, have disappeared raises a suspicion that police officers have
been involved in covering up their own negligence or the negligence of colleagues.
Beyond this, we can merely speculate.
“I feel considerable sympathy for the father ... it is appalling that it has taken
him almost 20 years to get the Police Service to take action on evidence [that]
it has had for most of that time.
“A reasonable and right-minded person might have his or her confidence in the justice
system undermined because the father has been treated so badly.
“Yet is it now just ... to continue the proceedings because the father was unjustly
or unreasonably treated ... for many years?
This is ... one of those rare or exceptional cases where the delay in proceedings
has been so excessive that the proceedings constitute an abuse of process.
“These proceedings are permanently stayed.”
Two decades of discord
1978: “Frank” and his wife marry in Syria, arrive in Australia.
1979: Wife is pregnant, admitted to psychiatric hospital.
1980: “James” is born underweight. Eight weeks later, Frank makes his first calls
to welfare officers and police.
1980-82: Frank alleges neglect and abuse by his wife, including hitting, burning
and throwing the child against a wall. Makes hundreds of phone calls and visits
to authorities.
1982: Wife moves to Marrickville Women's Refuge. Residents also allege abuse, including
the boy being tied to a cot. Alleged sexual abuse begins.
1983: Child is living with his mother and another alleged female perpetrator. Frank
makes repeated application to what was then the Department of Youth and Community
Services, the Family court, churches and other organisations for the child to be
removed.
1984: Child protection workers and psychologists confirm sexual abuse and neglect.
The child provides detailed statement of alleged oral sex. The department, Sydney
child psychiatrist Dr Brent Waters and the child's Legal Aid solicitor recommend
the child remains with his mother. In May, Frank refuses to return the child. Police
on instruction from Family Court return the child to his mother. Frank does not
see the child for two years.
1985: Frank constantly makes requests to authorities to remove the child to safety;
he approaches the home of the then federal attorney-general Lionel Bowen after 68
trips to Canberra seeking help from politicians.
1986: The child is badly bashed with cricket and becomes a ward of the state.
July: Frank gains full custody.
1991-92: The Weekend Australian breaks the story of the child abuse bungle. John
Howard calls for an inquiry.
1993: 5000 people sign a petition to parliament demanding an inquiry. The Independent
Commission Against Corruption decides not to investigate. Frank begins proceedings
in the NSW Supreme Court.
1997: The trial for damages begins in NSW Supreme Court. After three weeks, Frank
attempts to sack Alec Shand QC from the case. Instead, Frank is removed as “tutor”.
1999: Judgment absolves a string of officers from what is now the Department of
Community Services and Waters of wrongdoing, but finds the department in breach
of duty of care. The NSW Department of Public Prosecutions charges the mother with
physical abuse of the child.
2000: The NSW Supreme Court find that, though DOCS was negligent, the link between
negligence and damage to the child cannot be established, therefore compensation
is not paid.
May 30: Local Court magistrate Hugh Dillon finds the NSW Police Service Performance
in the case was “appalling“, but grants permanent stay of the case against the
mother because of passage of time.
";"Nobody believed 'Frank' when he tried to protect his son from bureaucratic bungling.
John Stapleton reports that, nearly 20 years on, Frank has been proved right, even
though he lost in court.
The boy was eight weeks old when his father cal"; "56";"abs";"Broken Homes and Violated
Innocence";"The Courier Mail";"1999-11-09";"Barry Maley";;"The first step toward
reducing child abuse is to recognise the circumstance under which it occurs, writes
Barry Maley.
Stories this year of some horrendous child abuse and even child murder have made
us acutely aware of a facet of adult behaviour we would prefer not to think about.
Crime figures are collected by the states, collated nationally and then classified
under four types: physical abuse, emotional abuse, sexual abuse and neglect.
In the recent past the statistical trend for such forms of abuse has been upwards.
Abusers try to hide what they do. This not only increases the dangers for children
at risk, it also means that reliable figures are hard to find.
Getting a long-term, national picture has been hampered by state variation in the
ways incidents are investigated, categorised and recorded.
Evidence has been available for some time showing a correlation between poverty
and abuse and a correlation also with disordered neighbourhoods.
A more recent contribution is an accumulation of evidence on the family circumstances
of abuses and neglected children.
Australian and Queensland data on the connection between family type and the incidence
of abuse and neglect are very illuminating.
In 1997-98 there were 6323 substantiated cases of child abuse and neglect in Queensland.
Abuse or neglect in sole-parent families accounted for 3038 cases out of this total.
Step-parent or blended families accounted for an additional 1209 cases, and other
relative, strangers or unidentified persons for another 779.
So 5026 cases out of 6323 occurred in not-intact families or other circumstances.
The remainder, 1297 cases, occurred in natural, two-parent families.
Although intact, natural-parent families constitute about 74 percent of all families,
they account for only 20 percent of abuse cases; whereas sole-parent, step- or blended
families who constitute about 30 percent of Queensland families, account for about
two-thirds of cases.
The pattern in other states is comparable, and international data yields much the
same picture.
Child abuse in the United States has increased 134 percent since 1980, in tandem
with an accelerating rate of children affected by divorce and sole parenthood.
The proportion of children entering broken homes in America has more than quadrupled
since 1950.
In Britain, the risk to children has been shown to increase as we move away from
the two natural-parent family model to other family types.
The child of a biological mother cohabiting with a man other than the natural father
is 33 times more likely to suffer serious abuse that a child with married, natural
parents.
Given the cultural similarities between Australia, Britain and the United States;
given the similarities in patterns of child abuse; and given their shared histories
of more divorce and more ex-nuptial parenting, it is reasonable to conclude that
in child abuse we are dealing with a phenomenon found mainly in changing patterns
of family life.
We must be wary of assuming that all sole-parent families, step-families or cohabiting
couples are inevitably risky for children, or that married natural parents are an
absolute guarantee of safety and happiness, for this is clearly not so.
But, what does seem to be the case is that, on average, the risk to children increases
as we move away from an environment in which the biological parents of the child
are married.
Absence of marriage may imply lack of commitment by the parents to each other, or
a boyfriend to the mother; or may be exacerbated in the latter by the absence of
a biological bond to the child; all of which may lead to an attenuated or even hostile
adult-child relationship.
It turns our that family information is crucial not only to understanding the dynamics
of abuse and neglect, but also why there might be a correlation with poverty and
disordered neighbourhoods.
Although low income is associated with child abuse, and although it is easy to imagine
that poverty brings stresses that may spill over into child abuse or neglect, we
cannot conclude that poverty causes abuse or neglect.
It is plausible that prior family dysfunction leads to poverty and child abuse or
neglect.
This would explain why abuse is relatively uncommon in intact but poor families
where a parent is working, even though such families may be forced to live in neighbourhoods
made disorderly by dysfunctional families and the prevalence of crime.
What is indisputable is that children from dysfunctional families are more likely
to be abused or neglected, more likely to drift into delinquency and crime and more
likely to abuse or neglect their own children in due course.
Recent research in Australia and overseas has shown a significant correlation between
neglect and later delinquency and crime, and has uncovered neglect and/or abuse
in the backgrounds of somewhere between 50 and 70 percent of delinquents and career
criminals.
Quite apart form the outrage to the children, abuse and neglect have wider ramifications
in terms of personal safety, threats to property and financial costs.
Little can be done overnight to solve or reverse the moral and cultural changes
that have overtaken family life in the past twenty years, yet a clear understanding
of the connections between intact families and child safety indicated here must
be a foundation and focus of public policy.
That means three things: concentrating immediate action in promptly identifying
children at risk; doing nothing to make life more difficult for the overwhelming
majority of intact families who raise their children well; and striving to create
the conditions for such families to flourish in the future.
Barry Maley is senior fellow at The Centre for Independent Studies, Sydney and director
of the centre's “Taking Children Seriously research programme.
";"The first step toward reducing child abuse is to recognise the circumstance under
which it occurs, writes Barry Maley.
Stories this year of some horrendous child abuse and even child murder have made
us acutely aware of a facet of adult be"; "57";"abs";"Violence In Society";"Transitions:
Journal of Men's Perspectives";"1995-03-28";"Senator Anne Cools";;"Speech delivered
by Senator Anne Cools to the Canadian Senate on March 28, 1995.
Honorable Senators, my intention today is to focus on children as recipients of
violence in the family. I shall review some of the research and findings on the
troubled family and child at risk.
Honourable Senators, the understanding of human development and the human psyche
is still in its infancy. In 1793 a dramatic hospital reform occurred when Philippe
Pinel, a famous French doctor, took over the Bicetre Hospital. Pinel released mental
patients from their manacles and chains in which they had been kept. He followed
his conviction that the mentally ill acquired fresh air, liberty of movement and
less bondage. The concept that mental illness was a medical disease and not demonology
or satanic possession was, indeed, revolutionary.
At the turn of the century, Dr. Sigmund Freud compelled a major shift in medical
thinking. He introduced the concept of the unconscious. He introduced the concept
that human beings are driven by strong, hidden mental forces. He introduced the
theory of neurosis; that is, the notion that psychological states in human beings
are related to disturbances and distortions and to developmental difficulties in
psychic growth and maturation.
In 1992, the rate of violent crime in Canada was nearly double what it was in 1977.
In 1977, the police reported 583 violent crimes per 100,000 people, whereas in 1992
they reported the number of violent incidents had increased to 1122 per 100,000
people .... almost double.
At present, as in the past, male offenders are responsible for the overwhelming
majority of all criminal offences involving violence in crime. Violent crime, relative
to property and other criminal incidents, engenders high levels of public fear,
anxiety and frustration. As a result, Canadians are increasingly expressing their
concern about safety and security issues. They are expecting action from governments
to bring about a demonstrable decrease in interpersonal violence. There is a growing
recognition that existing levels of violence in society will not be reduced by hiring
more police officers, building more prisons or developing more treatment programs
for offenders. Of the goal is personal and community safety then the response to
crime must seek to identify and prevent the causal factors associated with crime
and violence.
Honorable Senators, I should like to read from a 1979 article which appeared in
the Globe and Mail entitled, “How One Woman Works to Mend Broken Lives“, written
about my agency by Rabbi Dr. Gunther Plaut. I quote Rabbi Gunther Plaut quoting
me.
“What's different about us, is that we ... care about men as well. We don't just
help women who are victims ... We help the men too ... Violence is all around us,
... We're here to break the cycle in a few individual lives ... We had a husband
kick in three doors before we managed to calm him down, and finally the child emerged
from the beast that he pretended to be. His greatest fear was that he would breakdown
and cry. Well, we helped him to do just that.”
When we look at crime and violence, the most obvious fact that leaps to the practitioner
or to the student of human deviance is the fact that in the arrest, conviction and
detention of offenders, males outnumber females dramatically. Corrections Canada
informs us that there are 14,500 male prisoners in federal penitentiaries and 300
females. This ratio of almost 50 to 1 - that is 50 men to one woman - is either
of profound discrimination, or one that reveals a tragedy of enormous proportions
that largely remains unexplained and unexplored. Some explanation and exploration
are overdue.
Honorable Senators, Dr. Fraser Mustard, President of the Canadian Institute for
Advanced Research, recently asserted that the first three years of life are critical
and important to a person's development. He said: “The evidence is overwhelming
... These problems are set before the kids hit the educational system. The wiring
of the neurons of the cortex - that is, the cerebral cortex - occurs within the
first three years. If you receive bad nurturing in that period you're not as well
equipped .. A very high priority has to be with the children...”
Another great Canadian, Dr. D.O. Hebb, late professor of psychology at McGill University,
in his book The Organization of Behaviour, in 1949, wrote: ”... we do not know
that juvenile delinquency, associated with broken homes, is due to the home environment
and not just as much to the inheritance of the same emotional instability that broke
up the home.”
Honorable Senators, on March 7, 1995 in a speech of International Women's Day, I
suggested that comprehension of male abuse in intimate relationships should resist
the current feminist ideological constraints, and should boldly and forthrightly
examine the early childhood experience of the abusing male, with especial focus
on the relationship between mother and infant son. I stated that mothers' abuse,
that is child abuse, of infant sons has a powerful role in the formation of violent
male adults. I have suggested, honorable Senators, that men are of women born, both
biologically and psychologically.
I have also suggested, senators, that mothers are the gate-keepers of children's
emotional and mental well-being. The definition and identification of child abuse
is difficult. The Minister of National Health and Welfare, Marc Lalonde, in the
1976 Report of the House of Commons Standing Committee on Health, Welfare, and Social
Affairs entitled “Childs Abuse and Neglect” attempts a definition by saying: “I
would like to say at the outset that I am most pleased the the Committee's terms
of reference include the neglected as well as the abused child. As many others who
have studied the problems of children have recognised, it is neither easy nor desirable
to separate physical abuse or battering from other, more subtle forms of child abuse
and neglect ... Child neglect, in the legal sense, constitutes all those conditions
listed in a provincial law and under which a court may find a child neglected, or
“in need of protection”. Thus the child whose parents are unable or unwilling
to care for him adequately ..child battering, to use a well-known analogy, represents
the tip of the iceberg of child abuse and neglect.”
In the same report, the Honourable Warren Allmand, then Solicitor General of Canada,
stated:
” A first concern and one which plagues everyone dealing with child abuse is that
of definition. What exactly is child abuse? Is is merely the physical abuse of a
child? Does it include sexual abuse and exploitation? And what about the effects
of long-tern emotional abuse or sensory deprivation? It seems to me that a definition
of child abuse as merely physical abuse of children does not nearly go far enough.
There is enough evidence at present regarding psychosomatic dwarfism or the “failure
to thrive” syndrome to suggest that emotional abuse is a least as important as
physical abuse ... If we had to arrive at a common definition of child abuse I would
recommend that you consider the one used in the United States' Child Abuse Prevention
and Treatment Act .. where child abuse and neglect is taken to mean:
... the treatment or mental injury, sexual abuse, negligent treatment or maltreatment
of a child under the age of 18 by a person who is responsible for the child's welfare
under circumstances which indicate that the child's health, or welfare is harmed
or threatened thereby.”
Both of these ministers were probing deeply. Honourable Senators, one of the great
geniuses who first saw the relationship to violence and child formation was the
author Charles Dickens. Dickens, in his great masterpiece, Oliver Twist, wrote about
the association between poverty, orphan children, neglected children and their association
with crime. In 1841, he explained his reasons for writing Oliver Twist saying”
“It appeared to me that to draw a knot of such associates in crime as really do
exist, to paint them in all their deformity, ina ll their wretchedness, in all the
squalid poverty of their lives; to show that as they really are, forever skulking
uneasily through (sic) the dirtiest paths or life, with the great black, ghastly
gallows closing up their prospects; it appeared to me that to do this would be an
attempt to do something which was greatly needed and which would be a service to
society.”
Honourable Senators, for 150 years, we have known about the relationship and association
between poverty, child neglect, family instability, alcohol, and criminal behaviour.
In 1889, street arabs, street urchins, guttersnipes, waifs and such neglected children
were very visible on the streets of Toronto. Street arabs or waifs were abandoned
children who lived on the streets, guttersnipes were children on the streets who
begged, borrowed or stole for their troubled and alcoholic parents. It was estimated
that these children on the streets numbered 600 to 700 boys and 100 girls. Honourable
Senators, I ask you to note again the ratio of boys to girls.
Toronto's John Kelso, instrumental in the Toronto movement for preventing cruelty
to animals, was also instrumental in the movement for child protection. In the late
1880s, Ontario's efforts to protect children gained momentum. In 1888, under Liberal
Premier Sir Oliver Mowat, Ontario passed the Children's Protection Act giving authority
to commit neglected children to authorized children's homes. Again in 1893, Ontario
passed an act for the prevention of cruelty to and better protection of children.
John Kelso's work with child protection, with governments and with the Children's
Aid in society in Toronto and Ontario is legend. These activities advanced to 1908
with the passage by Sir Wilfred Laurier's Liberal government of the Juvenile Delinquents
Act, which states in section 31: “This act shall be liberally construed to the
end that its purpose may be carried out, to wit: ?That the care and custody and
discipline of a juvenile delinquent shall approximate as nearly as may be that which
should be given by its parents, and that as far as practicable, every juvenile delinquent
shall be treated, not as a criminal, but as a misdirected and misguided child, and
one needing aid, encouragement, help and assistance.”
You will remember, honorable Senators, Laurier was a great admirer of the great
Liberal principles and was greatly influenced by Gladstone, a notable Liberal reformer.
Where a child was adjudged to have committed a delinquency, he was not to be dealt
with as an offender, but as one in a condition of delinquency and therefore requiring
help, guidance and proper supervision. Delinquency was a state or condition in the
youth wherein the youth was deemed to require parental care.
The Juvenile Delinquents Act of 1908 was to assist the child whose primary problem
was a lack of proper care from his parents. It was preferable to prove delinquency
in the child rather than delinquency in the parents; that is, neglect by the parents.
The government in its intervention assumed the role of the parens patriae, that
is, the state as parent. The Juvenile Delinquents Act was also an initiative to
bring these matters into federal jurisdiction, a very difficult constitutional question
indeed.
Honorable Senators, today my point is abuse and aggression in the family, its expression
in the family and its consequences for society. In 1978, a subcommittee of the Standing
Senate Committee on Health, Welfare and Science undertook a study on childhood experiences
as causes of criminal behaviour. The committee's report, “Child at Risk“, a fine
piece of work, concluded: “Good parenting is of overwhelming importance to the
developing personality of the child. Close affectional ties with an adult in early
life and consistent loving an care and nurturance in the early years are essential
to optimal development of the child. It seems there is really no alternative to
tender loving care. Whatever can be done to help parents to doi the job of parenting
well will at the same tome be preventing future criminal behaviour.”
Some citations for the 1980 Senate report “child at Risk” are:
1. The Committee has been convinced by expert witnesses that much of the violent
crime committed by adults can be traced to a breakdown of parenting in the early
childhood period...
2. It is not only the battered child but the neglected one as well who runs a high
risk of becoming a violent adult...
3. Several psychiatrists who appeared before your Committee agreed that violent
criminal behaviour is a direct result of abuse and neglect in the first three years
of life...
4. The unsocialized, aggressive child is likely to be the product of a home in which
it is an unwanted or illegitimate child, and has met with rejection from the mother...
5. It is generally accepted that “maternal deprivation has a detrimental effect
on character development”...
Honourable Senators, while it has not been determined that all abused children become
violent adults, it has been established that almost all violent adults were abused
and neglected children.
I should like to review some literature and share some findings which indicate that
mothers are perpetrators of abuse upon children at least equally with fathers. The
Health and Welfare Canada report of 2989 entitled “Family Violence: A Review of
Theoretical and Clinical Literature” cites Breines and Gordon as having stated
in 1984, that physical abuse of children is the only form of family violence in
which women are the perpetrators as open as men.
the report also states that Richard Belles, in 1979, cited studies that the abusers
are often female. In one 1969 study of Bennie and Sclare, this was found in seven
out of ten cases examined, and in another of Steele and Pollock in 1968, in 50 out
of 57 cases.
Other studies - Zalba in 1971 and Gill also in 1971 - showed women to be abusers
in 50 per cent of the cases.
The Health and Welfare Canada report also states that Bell, in 1986, found evidence
that mothers are more likely than fathers to be abusive; that Benedict et al, in
1985, identified the mother as the abuser in 38.7 per cent of cases, and the father
in 18.4 per cent, rising to 31 per cent when stepfathers and boyfriends are included;
that Creighton, in 1979 found that mothers or mother substitutes are the suspected
abusers in 44 per cent of cases, and fathers or father substitutes in 46.5 per cent.
Ralph Weisheit, in a 1986 article entitled “When Mothers Kill Their Children“,
found in a study of 460 female offenders in prison between 1940 and 1983 for homicide,
that 39 were Institutionalized for killing their children. finally, Richard Gelles,
in 1978, found that mothers' violence toward children was significantly higher than
that of fathers, reported at least one occurrence of violence during the course
of raising the child.
D. Craig Allen of the Department of Human Development and Family Studies at Iowa
State University, recently sent me data from the Child Abuse Register of his home
state of Iowa that shows that, of the children abused by biological parents between
January 1984 and June 1987, some 64.5 per cent were abused by mothers.
Closer to home, here are recent Canadian and Ontarian data on child abuse:
On child abuse morbidity, University of Toronto's Dr. Cyril Greenland, in a 1986
analysis of 100 child abuse or child neglect deaths, CAN from 1973 to 1982 in Ontario
from the chief coroner's office, entitled “Identification and Management of High
Risk Cases“, reported that: “Natural parents were the perpetrators in 63 per cent
of the deaths; mothers were involved in 38 deaths, fathers in 13 deaths and both
parents in 12 deaths.”
About the child victims, he continued:
The risk of death due to CAN is highest in the first year of life. The Ontario data,
confirmed by most other studies, show that well over half of the victims ... died
before the age of 12 months. An additional 25 per cent ... died before the age of
two years. Only five per cent of the victims were over the age of five years.
The Toronto Institute for the Prevention of Child Abuse, in its 1994 report entitled
“Ontario Incidence of Reported Child Abuse and Neglect“, tells us that in 1993
there were 46,683 child maltreatment investigations by all 54 Children's Aid Societies.
The study defines child maltreatment as any one of physical abuse, sexual abuse,
neglect or emotional maltreatment. The findings are as follows: the total substantiated
cases of child maltreatment, mothers were perpetrators in 49 per cent and fathers
in 31 per cent of the cases. In the category of child neglect, mothers were perpetrators
in 85 per cent of the substantiated cases. In the category of child physical abuse,
biological mothers were perpetrators in 39 per cent of the substantiated cases,
and biological fathers in 40 per cent of cases. In the category of emotional maltreatment,
mothers were perpetrators in 79 per cent.
This study found that:
..boys were most strongly over-represented in the area of physical abuse, especially
in the zero to three-year-old category, where boys accounted for 59 per cent of
investigations ... and male children aged four to eleven years accounted for 55.5
per cent. The single largest number of investigated families, 35 per cent, was the
single mother family.
Honourable Senators, these data speak for themselves where these defenceless children
cannot.
On the matter of mother-only families, Biller in 1981, found that early father absence
has a strong association with delinquency, committal to training school and recidivism
among males. Wilson and Hernstein report that a longitudinal research study of children
in a predominantly black area of Chicago found that children raised in mother-only
families were, by the third grade, more likely to be aggressive.
In 1989, Toronto's Peter Silverman's examination of abuse and neglect concluded
that more physical abuse occurs in single parent households led by females. James
Wilson, in an article in 1994 entitled “What to do About Crime“, confirms this.
He said: “The evidence ... is quite clear: even if we hold income and ethnicity
constant children (and especially boys) raised by a single mother are more likely
than those raised by two parents to have difficulty in school, get into trouble
with the law, and experience emotional and physical problems.”
Honourable Senators, violence and aggression are the nemesis of child neglect. wilson
and Hernstein, the foremost authors on crime and violence in the United States,
in their book Crime and Human Nature, wrote that:
” ... All the boys from quarrelsome families with erratic discipline, but only
one-fourth of those from cohesive families with consistent discipline, were convicted
of a crime. Interestingly ... it was the mothers' behaviour that made the greatest
difference in the boys' criminality.”
Before our Senate Subcommittee on Childhood Experiences, Dr. Robert ten Bensel,
Director, Maternal and Child Health at the University of Minnesota, said this about
dangerous offenders: “I have never met a violent juvenile delinquent who was not
abused as a child ... Secondly, all the criminals at San Quentin prison who have
been studies had violence upbringing as children.”
That study was attributed to Gelles-
Thirdly, all assassins, or individuals who have attempted assassinations in the
United States during the past 20 years had been victims of child abuse: There is
a 100 per correlation.
That again was attributed to Gelles. About dangerous sexual offenders, he also testified:
“If you look at the problem of sex murder...you find that they all came from broken
families and suffered cruelty and brutality, usually at the hands of a woman, plus
acting out, as a child, vandalism, arson, and cruelty to animals. You see the pattern
over and over again. There is cruelty to animals, cruelly to kids, and if a woman
has beat up on you, then you are more likely to become a sex murderer.
This is not Anne Cools speaking; this is one of the foremost thinkers in the field.
Honourable senators, the impact of family aggression on these little people, little
boys and girls, is immeasurable. The panic fear and anxiety that awakens in their
heads, minds, and bodies eludes most of us. Absolute terror grips them, and all
of this in their precognitive and prerational minds. Their little crouched bodies,
their little shoulders, taut as drawstrings, are filled with pain and anguish. As
these little people's undeveloped psychological systems are strained, as their nerve
endings are eroded by behaviours they cannot comprehend or control, the damage is
indicted by uncaring or uncontrolled large persons who tower over them.
Meanwhile, these little people acquire other sets of impulses, impulses which are
largely ungovernable, impulses that operate quite differently as a function of their
gender, impulses that in the male child become uncontrollable, violent and even
homicidal. These little people's pain is incalculable. When these damaged little
people become big people, the pain and suffering they will indict on others is unspeakable.
When all languages fail, the language of human suffering and tragedy will speak.
1 have seen the crouched person of the physically abused child, and the blank, listless
unresponsive person of the neglected child.
Honourable senators, in the formative years, the child's mental and sensory stimulation
is essential, and the child's personality structure is moulded. Aggression, physical
and verbal, parents' emotional unevenness, and family instability play a major role
in negative formations
The responses to my statements on March 7, 1995, were overwhelming and supportive,
including from many academics, psychologists, professionals, practitioners, field
workers and researchers. Dr. Debra Pepler, Director, LaMarsh Centre for Research
on Violence and Conflict Resolution at York University, wrote in support: “Our
research on children of battered women,... reveals that there is a wide range in
the adjustment of children who have witnessed their mothers being abused.
Some children exhibit extreme behaviour problems, whereas others are remarkably
well adjusted in spite of substantial adversity. The factor most clearly differentiates
the well adjusted children from those who are poorly adjusted is the mothers' report
of verbal aggression (e.g. yelling and screaming) to her children. As you have stated,
we have found that mothers who can somehow manage to be loving, positive, and nurturant
with their children even though they, themselves, are highly stressed, promote the
healthy development of their children.
Dr. Reena Sommers of Family Violence Research, St. Boniface General Hospital, wrote
in support: “The real issue of family violence has been totally obscured by special
interest groups headed by feminists. Their perspective ignores... important elements
of this serious social problem. Among these are the abuse of children by mothers
as well as fathers, the abuse of women by other women, and as well, the abuse of
men by women. General population research examining family violence has consistently
shown that there is no statistical difference in the rates of abuse perpetrated
by men and women against each other or against their children.”
Dr. Andrew Brink, former Coordinator, Humanities and Psychoanalytic Thought Program,
Trinity College, University of Toronto, wrote to me supportively saying: “I completely
agree with your remarks on mothering and violence in boys...Newer studies to support
your statement are emerging from the Attachment Theorists, following from the work
of the British psychoanalyst John Bowlby.”
Dr. John Bowlby, honourable senators, was a major clinician and scholar.
One of the major contributions Dr. John Bowlby left for humanity was a definitive
study and work on maternal privation, which he did for the World Health around 1950
or 1951. It was an exceptional piece of work.
Dr. Jim O'Brien, a psychiatrist in Nova Scotia, telephoned the CBC Radio program
As It Happens on March 10, 1995, and said: “I did a small prospective study. In
a four year period, I asked every new female patient who came to see me if there
was violence in the home. Fifty-five said yes. Of that 55.55% said the violence
came from their mothers and 35 per cent said that the violence came from their fathers
and the rest said both.”
In Toronto, CFRB Radio ran a talk show on March 8, 1995 about my remarks and held
a survey. They put the question to their listeners: “When you were growing up,
which parent was more abusive - your mother or your father?” Of 200 respondents,
62 per cent said mothers and 38 per cent said fathers. I was informed that 70 per
cent to 80 per cent of the callers to the Lowell Green talk show on CFRA Radio in
Ottawa agreed with me.
I am also informed on March 9 1995, MacLean Hunter Broadcast News placed a question
to their viewers with regard to my remarks, “Do you agree“?
Of the 273 respondents, 57 per cent agreed and 43 per cent disagreed.
Honourable senators, certain feminist ideologues, too few to number, claim insult
and injury from what I said. Some even attacked me personally in brutish Philistine
and uncharitable statements. These loud persons, in their feminine aggression, are
unaware that they have merely transported that peculiar aggression from the home
to the workplace, even to politics.
The term “violence against women” is a term that has taken currency only in recent
years. It is coloured, and camouflages the real issues of aggression and all its
ugliness.
Dr. Murray Strauss, Dr. Richard Gelles, and Dr. Suzanne Steinmetz, foremost scholars
on domestic violence, frequently report that violence is equally perpetrated by
males and females against their children and against each other. The National Family
Violence Surveys conducted by Gelles and Straus find this. However, I shall leave
the issue of spousal violence for another day.
Honourable senators, I will close by urging balance in the family violence discussion.
In recent years, the primordial, the primeval and the phyloyears, the primordial,
the primeval and the phylogenetic have been dominant in this discourse. This fact
has been buttressed, if not engineered, by the tyranny of political correctness
and its various consorts. In many instances, unreason. When unreason prevails, truth
is the first casualty, if not the first fatality.
Honourable senators, sole proprietorship by gender of aggression, violence, love
or charity is repugnant to human nature and to human intelligence.
";"Speech delivered by Senator Anne Cools to the Canadian Senate on March 28, 1995.
Honorable Senators, my intention today is to focus on children as recipients of
violence in the family. I shall review some of the research and findings on the
troub"; "58";"ftl";"How Children Are Damaged By Divorce";"The Times - London";"1995-05-02";"Ian
Robertson";;"When parents split up, they leave lasting emotional scars on their
children.
What happens to your children if you or your partner dies? It's the kind of thought
which goes through the minds of most parents now and again. As a parent you have
probably taken out life insurance with such a possibility in mind, From time to
time you have worried about the effect on your child - emotionally, socially and
financially - of losing you or your spouse. You know that children above a certain
age, never forget the death of a mother or father and you appreciate that this may
affect them for the rest of their lives.
But have you thought what will happen to your children if you divorce or separate?
You won't have taken out any insurance against this and probably haven't thought
much about it as much as you have about the possibility of dying. This is a pity,
because children are damaged much more by divorce than they are by parental death.
As many as one in three children in Britain will endure the consequences of parental
divorce or separation; you can't get precise figures because almost a third of children
are now born outside marriage and split-ups in these families are not officially
recorded.. If it is indeed true that boys and girls whose parents split up on average
suffer more permanent damage than those whose mother or father dies, then this makes
family breakdown one of the great unrecognised social health problems of our time.
What is the evidence?
Dr Martin Richards, who runs the Centre for Family Research at Cambridge University,
is an expert on divorce. He and his colleagues have studied 17,000 children from
the National Child Development Survey who were born in Britain during one week in
1958 and were followed up at the ages of 7, 11, 16 and 23.
Dr Richards and his team looked at what happened to these children as they matured
into adolescence and adult-hood, comparing the ones whose mother or father had died
with those whose parents had split up, in terms of education, career, health and
wealth.
Although the harmful effects of divorce are apparent across all social classes,
the effects on middle-class children are striking: middle-class girls were the group
most damaged by divorce by the time they reached adulthood.
While the death of a mother or father before a child is 16 does have some effect
on the child's life, divorce does far more damage. And if we examine, on average,
the fortunes of young adults whose middle- class parents have divorced, compared
with those whose parents have stayed together, the conclusions are stark. Children
born of middle-class parents in 1958, who were not 16 before their parents divorced......
Divorce And Middle-Class Children
|
Boys
|
Girls |
| %
|
Parents Together
|
Parent Died
|
Parents Divorced
|
Parents Together
|
Parent Died
|
Parents Divorced |
| Left school at 16
|
48
|
52
|
75
|
47
|
55
|
77 |
| Not in full-time work
|
18
|
18
|
24
|
32
|
32
|
55 |
| Living in council hse
|
4
|
8
|
18
|
4
|
11
|
18 |
| Regular smokers
|
36
|
29
|
58
|
32
|
36
|
42 |
And How Further Education Suffers
| %
|
Parents together
|
Parent died
|
Parents divorced |
| Go to university
|
31
|
27
|
19 |
| Age 23 no qualifications
|
11
|
14
|
19 |
* had twice the chance of leaving school without any qualifications (boys and girls)
* had two thirds the chance of going to university (boys and girls)
* were a third more likely not to have a full-time job at age 23 (boys)
* were two-thirds more likely not to have a full-time job at age 23 (girls)
* were four times more likely to be living in a council house at age 23 (boys and
girls)
* were two-thirds more likely to be a regular smoker age 23 (boys)
* were a third more likely to be a regular smoker age 23 (girls)
Taking children of middle and working-class parents together, children of divorced
parents were:
* twice as likely to have a child before age 20
* twice as likely to be married or living with someone before age 20
Dr Richard's research also found that children whose parents had divorced were on
average less emotionally stable, left home earlier and divorced or separated more
frequently. They showed more behavioral problems in school, were more likely to
be unhappy and worried and were poorer at reading and arithmetic.
At the Cavendish Laboratory, Cambridge, where Rutherford once split the atom, Dr
Richards and his colleagues now study the splitting of families. “Low self-esteem
may underlie a lot of these effects,” he says.
“Death of a parent doesn't produce the same problems. The critical thing seems
to be children's awareness that parents have, through choice, separated, and for
many this means a parent choosing to leave them.”
The resulting sense of abandonment, Dr Richards says, can haunt children into adulthood,
leading them to undervalue their own worth, lack self-confidence and hence enter
too rapidly into serious yet potentially vulnerable relationships at an early age.
“As a university teacher I see that even when children have left home and are in
their early twenties, their parent's separation or divorce can be very disturbing
for them. Adolescents are particularly vulnerable, probably for similar reasons:
at a point when they are learning about relationships, they see the most important
relationship in their lives fall apart.”
The differences between those whose parents have and have not divorced are most
striking in young adult women from middle-class families. One reason for this may
be that these women tend to embark on serious partnerships at an early age - perhaps
seeking emotional security and stability which their parents' divorce had denied
them. As a result of having children so early, these middle-class young women miss
the chance of going to university, and with that the career, income and fulfillment
which they might have expected.
But the negative effects of divorce are not confined to young middle-class women
- no class or gender is spared. Children whose parents have divorced are more likely
to show symptoms of being unhappy and worried than children from intact families:
for instance, divorced mothers more often report that their child worries about
many things; is upset by new situations; is bullied by other children; is miserable
or tearful; prefers to do things alone. This is true both at age seven and at age
16.
Children of divorced parents also tend to misbehave more than those from intact
families, again at both ages. they are more likely to be rated by their mothers
as: being disobedient at home; fighting with other children; being irritable and
quick to fly off the handle; destroying others belongings' being squirmy or fidgety;
having difficulty settling to anything.
The majority of children of divorced parents end up living with their mothers, but
if their mothers remarry the children tend to show more problems than those who
stay single. “Particularly for adolescents, it is very difficult to come to terms
with a parent dating again,” Dr Richards says. He argues that good and regular
contact with the absent father can reduce some of the ill-effects of separation,
even though this may be at the expense of increased conflict between the parents:
the sad fact however, is that a half of all divorced fathers lose contact with their
children within two years.
Dr Richards, 55, is himself a divorcee. “I was 21 when I married, but we were too
young and it didn't last. We had no children.” And now? “I have grown-up children,
but have never remarried.” Divorce and family conflict can blight the lives of
children - though it is important to remember that all the statistics available
are average effects and clearly there are many children who fare well when their
parents separate. Furthermore, until the present generation of children have grown
up, we will not know whether the effects of divorce will be as bad as they were
for the children of 1958.
Children survive best where good contact is maintained with both parents. “Many
children learn that their parents are separating from a third party. Parents often
do not talk to them and ask them what they want.”
And what do they want? Dr Richards pauses for a second. “They almost always say
they only want one thing,” he replies. “That their parents should stay together.
Ian is a senior scientist at the MRC Applied Psychology Unit in Cambridge.
";"When parents split up, they leave lasting emotional scars on their children.
What happens to your children if you or your partner dies? It's the kind of thought
which goes through the minds of most parents now and again. As a parent you ha";
"59";"ftl";"Women Won't Go Back To '50s";"Sydney Morning Herald";"1997-12-03";"Kathleen
Swinbourne";;"Women want men to share the family load, otherwise they can find it
easier to be a single parent. A bad marriage is better than no marriage at all is
becoming a catch phrase.
Single mothers feel that they are being made scapegoats for many of society's problems.
Everything from rising crime rates to youth suicide and low academic performance
has been blamed on them. It wouldn't be surprising to learn that the El Nino effect
is the result of a rise in the divorce rate.
Unfortunately, there are some serious flaws in much of the interpretation of recent
research data.
A report by the Centre for Independent Studies about the state of the nation made
a link between rising crime rates since the 1960s and the increase in numbers of
single-parent families. What its authors forgot to mention was that crime rates
started rising first. If there was a causal link between them you would expect the
crime rate to start rising 10-15 years later, when the kids of single mothers became
teenagers, not the other way round.
It's like saying that the increase in numbers of women working in munitions factories
in the late 1930s was the cause of World War II. But never let a few facts get in
the way of a good story.
One of the most comprehensive studies into single-parent families was conducted
by researchers at Macquarie University. It was conducted over a 10 year period on
adolescents from both divorced and intact families looking at things such as self-image,
depression and anxiety. They found that it was the quality of parenting rather than
the family, that had the biggest impact on the child.
This is supported by a more recent study which also found that child neglect, not
single parenting, was the biggest factor. Because of all the factors that can be
involved in a divorce, it is extremely difficult to measure its impact. However,
one thing that does come out strongly in all the research is that a major determining
factor for children's well-being is poverty.
And it is true that single mothers are more likely than any other group to live
in poverty. Even more likely than single fathers. Many single mothers have themselves
stated that their problem is lack of money, and that a lack of child-care assistance
means that they cannot always go out to work to earn enough to support the family.
Often the only jobs they can get to fit in with family responsibilities are part-time,
low-skilled and low-paid.
So why don't they stay with their partners? The reasons relationships break up are
many and varied, and can be extremely complex. It's not, however, a decision that
is taken lightly. While women are usually the ones to make the final decision to
end a relationship, they spend, on average two years thinking about it first. This
is not a frivolous action. On the contrary, it would indicate that they put a lot
of effort into trying to keep the relationship together. So what is happening?
As a society we expect a lot of parents. Somehow, when people become parents they
are supposed to become more responsible,, caring, selfless and patient. They are
also supposed to suddenly know everything there is to know about raising kids -
without any kind of training. And most of this responsibility falls on women.
Women today not only work outside the home, but they also usually come home to their
second job of looking after the family. Studies into housework show women still
do more hours a week of housework than do men. When you add child care to the equation
this workload increases further. And this is the same whether women are in the paid
workforce or not. It is a lot of pressure to put on anybody, and given all the demands
placed on them, it is understandable that eventually something has to give. Unfortunately,
what often loses out is their adult relationship which, in the economic jargon of
the time, is seen as being the most unproductive.
Women today no longer depend on men to be the breadwinners in the family. What they
are looking for is a mutually supportive relationship, where both partners take
equal responsibility and share equally in the rewards. This doesn't mean dividing
the tasks into his or her jobs: it means sharing them. The majority of women either
no longer wants to or are not economically able to stay home being full-time mothers.
They need the money that a paid job brings, or the intellectual or social stimulation,
or they need to continue to work to stay on their career path.
They also need support at home to be able to do it all. When that support is not
forthcoming, it is not really surprising that relationships break down. When conducting
research into single mothers one of the comments that was repeated time and time
again by married women was “I am not a single mother - but I might as well be”.
Women are not going to go back into the kitchen full-time. A return to the '50s
ideal of the typical nuclear family is not going to happen. It didn't even work
them. Women are no longer prepared to accept being treated as second best, and men
need to adjust to this new reality.
Their are men out there who are accepting this, and they are discovering the joys
of being active fathers, involved in their children's lives rather than being on
the sidelines. They are also discovering the freedom of not being typecast into
the role of breadwinner, and being able to negotiate more flexible work arrangements
with their partners.
I'm not saying that this is an easy thing to do. there are many companies that remain
unsupportive of flexible work arrangements. However, until men start pushing for
and taking advantage of family-friendly work practices, it's not going to happen
in vast numbers. It will still be considered a women's issue. And without that support
women will continue to choose a role that in many ways reduces the pressure placed
on them - single parenthood.
Kathleen Swinbourne is spokesperson on family issues for the Women's Electoral Lobby.
";"Women want men to share the family load, otherwise they can find it easier to
be a single parent. A bad marriage is better than no marriage at all is becoming
a catch phrase.
Single mothers feel that they are being made scapegoats for many"; "60";"ftl";"Dealing
With Dads Who Don't Care";"Sydney Morning Herald";"1997-12-06";"Adele Horin";;"To
borrow a line from the Prime Minister, the pendulum has swung too far. Ludicrous
when applied to Aboriginal land rights, the pendulum image more aptly describes
the current treatment of deadbeat dads. Dads who vanish from their children's lives
after divorce, reappear at whim, or are seen only on poster from the Child Support
Agency's most wanted list. In recent years, they have vanished from public consciousness,
the media spotlight and Government concern. Instead, the focus has shifted to desperate
dads and to the malicious mothers who thwart their access to the children.
From the Federal Government's own committee on child support arrangements to the
pages of major newspapers, the plight of the excluded father has taken centre-stage.
Let me say from the outset that the excluded father, at the mercy of a vindictive
and irrational woman, has my sympathy. I have written my fair share of words in
his defence.
But, the pendulum has swung too far. We may have exaggerated the number of new-age
dads. And underestimated how many mothers battle alone and unsupported. The deadbeat
dad is alive and well and living on the lam. His children, meanwhile, especially
his sons, are suffering. A generation of angry; abandoned boys is in the making.
And mothers are struggling to deal with them.
That's the message I got when I spent hours this week talking to a range of lone
mothers. Poverty is there constant companion. But the topic they came back to time
and again was their sons' anger at the fathers who disappeared, were erratic, forgetful,
unreliable or irresponsible. The mothers cried out for the men to be more involved
in their children's lives. They longed for a break. A father who took his children
for a weekend, babysat or helped in a crisis was a national treasure. The women
desperately needed breaks from the unrelenting job of raising kids alone on a poverty
income.
But more than that, the women spoke of their children's emotional need - especially
their sons' - for a father.
“Now that my older son is nine, he realises his father doesn't come to see him,
and he's angry,” said a woman who separated from her partner four years ago.
Instead,, deadbeat dads forget birthdays, neglect to ring when they promised, and
fail to turn up when expected. Children are stickler for routines, and never forget
a promise, as any mother knows. But too many fathers break the basic rules of parenthood.
They break their word. They break their children's heart.
A capricious dad who constantly lets his children down is probably worse than a
dad who took of at the start never to be remembered. Child psychologists see many
aggressive, hard-to-manage little boys who do remember their dads. The boys feel
a huge sadness at the loss.
“Mothers are left to handle their children's grief and distress about their fathers,”
says Mim Weber, a psychologist at the Northern Rivers Health Service.
And because mothers fear they will turn their boys into sissies if they get too
close, they to back off. Some teenage are intensely lonely, abandoned, they feel,
by both parents.
It is mothers, however, who get blamed for their children's unruly behaviour. And
fathers get off scot-free. “No-one is bagging my ex-husband as a parent,” said
one woman whose partner bolted. “But in society's eyes, I am the sole parent so
am the bad parent.”
Yet adding fathers is not like adding fibre. Some deadbeat dads aren't good for
you.
Father-absence had been blamed for a host of problems, including juvenile delinquency
and lawlessness among young men. A British study by the University of Newcastle
under Professor Israel Kolvin came to the not surprising conclusion that the sons
of inadequate mothers, living debt-ridden lives of poverty, were four times as likely
to have criminal records as those living in happier circumstances. Nearly half these
“inadequate mothers” were sole parents.
But the same study showed than in two-parent deprived households, only 7 per cent
of resident fathers were “effective, kind, considerate“, and most did not take
part in household tasks. It is hard to see that grafting such ineffective men onto
unstuck families will help much. It's not that simple.
Nor is the answer to rail against divorce. These days adults won't endure till death
a loveless sham marriage if they see alternatives. And when men are violent, or,
“more childish than the children“, as one woman said, the marriage has no point.
Children need fathers - but only effective, useful fathers. New-age fathers have
learnt to be more like mothers - emotionally involved from the start. In divorce's
messy aftermath, some new-age fathers confront the malicious mother, and their hearts
are broken. But many more children are nursing broken hearts because their dads
just don't care enough.
";"To borrow a line from the Prime Minister, the pendulum has swung too far. Ludicrous
when applied to Aboriginal land rights, the pendulum image more aptly describes
the current treatment of deadbeat dads. Dads who vanish from their children's lives
after d"; "61";"ftl";"Right of Reply";"MRA";"1997-12-16";"Sue Price";;"Adele Horin
(SMH 6/11/97) is quite right. The pendulum has swung too far.
Too many families are being torn apart as a result of society’s indifference and
government legislation that actively supports and condones the removal of fathers
from their children’s lives.
As a result nearly million children are being raised in single parent families,
[mostly with their mother] or not with both natural parents.
A considerable body of research conducted both here and overseas such as the Exeter
Study; the National Child Development survey conducted by Dr. Martin Richards; an
Australian study by Paul Amato; British social scientist, Patricia Morgan [1995]
and USA researchers McClanahan and Sandfur, just to name a few, have found that
children in single parent families are more likely to underachieve at school, have
more problems with drugs/alcohol leading to police involvement and are more likely
to fail in their own relationships.
In her article Ms Horin claims the fault lies with “deadbeat dads”, who vanish from
their children’s lives.
Certainly statistics show that up to 50% of fathers will lose contact with their
children, in less than two years, or have little chance to spend time with them.
But few fathers “walk away” willingly and the majority pay child support unless
unemployed. The difficulties placed before a father in trying to maintain a relationship
with his children are enormous, even when the other parent encourages contact. Seeing
your children 26 times a year as is the “standard norm” recommended by the Family
Court and its counsellors is hardly sufficient time to maintain a close loving,
caring relationship with your children. And as the children grow older time spent
with Dad inevitability begins to compete for prominence with other activities...
time with friends or sporting commitments. What can one expect when they are essentially
living separate lives?
Then on the other hand there are many mothers who deliberately thwart access to
the children. So prolific is this problem, the American’s have even given it a name,
“Parentectomy”...the forcible removal of one parent by the other from their children’s
lives.
Typical tactics, start with a domestic violence order, encouraged by the various
DV groups as a means to separate parents. Many of these orders are without foundation
and are only used as the recommended means to forcibly evict dad and prevent access
to the children. Misuse of domestic violence orders has been noted by senior members
of the judiciary, Chief Stipendiary Magistrate Stan Deer,(Queensland), Pat O’Shane
(NSW) Mr. Justice Moss of the Family Court.
If the father successfully pursues access through the Family Court, then a persistent
parent can resort to “dropping the atomic bomb” - false allegations of child sexual/physical
abuse. Even though there is no substantiation of the allegations, the Family Court
has the option to use a precedent established in 1988 in the M & M case of “lingering
doubt” to totally prevent access or enforce “supervised access”. A demeaning procedure
for any father, especially one who’s innocent.
Turning to the practicalities, having spent $1500 - $2000 defending a DV application;
$2000 plus for the interim Family Court hearing; a further $10,000 for the final
(say 2 day) hearing; $15,000 upwards to fight false allegations which involve additional
professional services of a counsellor or child psychologist and separate representative
- available monies are rapidly dissipated, if they were ever there in the first
place. Legal Aid dollars for family separation are apportioned in the ratio of 2
to 1 in favour of the mother and unlikely to be granted to a working father.
Then having spent the past eighteen month (minimum estimate) to gain final contact
orders, the mother may decide to move......and so the process starts all over again!
If the father is not destitute by now, the excessively high levels of child support
that take up to 36% of his gross income, depending on the number of children will
complete the scenario. He’ll be fortunate is he has enough money left to pay for
his own basic necessities, let alone providing for his children if he’s lucky enough
to have established contact.
It is hardly surprising many fathers become dispirited, not only in regard to their
own feelings but for their children’s sake. Some “walk away” not wishing to prolong
the constant hurt and pressure placed upon their children by continued litigation.
Especially in the case of false allegations where the children are subjected to
interview after interview with social workers probing for a “disclosure”, accompanied
by invasive medical examinations.
But whose to blame, the individuals themselves who see personal benefits in separation
or current social attitudes that encourage people to put individual happiness over
and above consideration of what’s best for their family
Unfortunately for the family, society has, since the 1970’s, shifted from considering
the good of the whole [family] to the self serving pursuit of individual happiness.
The women’s movement in seeking the just goal of equality has neglected to emphasis
the rights a woman can expect are also inextricably entwined with responsibilities
as well. Too often we hear of wives leaving their husbands, taking the children
only to take up residence with another lover. It is generally acknowledged that
two thirds of family separations are initiated by the wife. Our figures show a much
higher level of 90% and of those, 80% of women appear to have found life with their
current husband unsatisfying or boring and already have another lover, male or female,
waiting in the wings.
Barbara Dafoe Whitehead, a well-respected US social historian examines the problems
in her recently published book, The Divorce Culture. She traces the change in attitudes
and points particularly to the ready acceptance of co