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Australian Dads ‘not entitled to shared parenting’ | Herald Sun

In Best Interest of the Child, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, False Allegations of Domestic Violence, Family Court Reform, Parents rights, parental rights on January 28, 2010 at 5:45 pm

SEPARATED fathers are not entitled to a 50-50 time split with their children, and legislation introduced by the Howard government in 2006 should be amended to make that clear, a report says.

A 300-report by retired family court judge Richard Chisholm recommends five changes to the so-called “shared parenting” law, which he described as a “tangle” that had taken the focus off “what is best for the children,” The Australian reports.

The hotly anticipated Chisholm report, which was ordered by Attorney-General Robert McClelland after the shocking death of Melbourne girl Darcey Freeman, who was thrown to her death from the West Gate Bridge last year, says the shared parenting law has made it difficult for women to raise allegations of violence in the Family Court system.

A separate, 1000-page report by the Australian Institute of Family Studies, also released this afternoon, says the majority of lawyers now believe that the 2006 reforms favour fathers over mothers, and parents over children.

The two reports into shared parenting – plus a third report, by the Family Law Council – were released simultaneously by Mr McClelland this afternoon.

Mr McClelland said the Government would review all reports before making changes but agreed that a false idea had taken hold in the community that fathers were entitled to a 50-50 time split.

“How we address that is what we’ve now got to decide,” he said.

Read more about the released reports at The Australian.

Dads ‘not entitled to shared parenting’ | Herald Sun.

Marriage, Parentage, and the Constitution of the Family

In Activism, Alienation of Affection, Best Interest of the Child, Child Custody, Childrens Rights, Civil Rights, Divorce, Domestic Relations, Family Court Reform, Liberty, Marriage, Parental Relocation, Parental Rights Amendment, Parents rights, Restraining Orders, Rooker-Feldman Doctrine, parental rights on January 28, 2010 at 4:33 pm
January 27, 2010
Marriage, Parentage, and the Constitution of the Family
WebMemo #2783

The family is a prime institution of civil society. In its origins, it is both natural and pre-political. Family is not the creature of the state but a network of relationships between a man and a woman, their offspring (if any), and the families from which they themselves come and that their union will create.

In the modern era, temptations to experiment with the institutions of marriage and family have multiplied. With less emphasis on the long-term responsibilities of marriage, the consequences of redefining the institution for children and society are subordinated to the desires of adults. Rather than compound these weaknesses, policymakers and citizens should consider and adopt necessary reforms to strengthen families and rebuild civil society as the engine of the greatest human goods.

Marriage as a Natural Institution

The Compact Oxford English Dictionary defines marriage straightforwardly as the “formal union of a man and a woman, by which they become husband and wife.”[1] The United States Census Bureau defines family as a “group of two people or more (one of whom is the householder) related by birth, marriage, or adoption.”[2] Until recently, the plain meaning of these definitions has been universally recognized.

The underpinnings of sexual differentiation and complementarity have been understood as fixed in natural law. The jurist Joseph Story spoke for this tradition when he wrote, “Marriage is treated by all civilized societies as a peculiar and favored contract. It is in its origin a contract of natural law.”[3]

The marriage contract derives its strength from its conformity with the truth about the human person. Whether or not spouses in a particular marriage are able or willing to have children, they are themselves the children of one man and one woman. Their coming together is the extension into a new generation of the pairings of men and women. Marriage is not only a conjunction of individuals but the intertwining of family heritages. Marriage is the intragenerational expression of the union of man and woman that results from, and often results in, its intergenerational expression: the child.

The simplicity of this truth accounts for the nearly universal history and expression of marriage across cultures. Despite the enormity of the pressures marriage and family face today, the vast majority of people in American society express the desires to marry, experience a lifelong faithful relationship,[4] have children,[5] and raise those children into adulthood where they are able to establish families of their own.

Protecting Marriage Protects Society

The personal benefits of marriage to men and women, their children, and the social benefits to neighborhoods and nations are extensive. Author Michael Novak famously referred to the family unit as the “original Department of Health, Education and Welfare.”

The intact, married family performs best on measure after measure of social outcomes for parents and children alike. For example:

  • Married adults have better health, live longer lives, suffer fewer accidents or injuries, experience less depression, and enjoy greater happiness than either single or cohabiting adults.[6] Health benefits are particularly pronounced for married men.[7]
  • Married women experience less domestic violence than single or divorced women, and they are the victims of fewer acts of violent crime overall.[8]
  • Children raised in intact, married families with their biological mother and father experience a vast array of benefits that span the age spectrum and persist into their own adulthood, including achieving literacy, avoiding teenage pregnancy and juvenile crime, graduating from high school, and attaining marital success.[9]

The fracturing of a family is not the breaking of a single link in a chain but the opening of a hole in a protective net. One scholar has referred to five concentric “rings of community” that the family affects:(1) their unborn children, (2) kin or extended family, (3) the neighborhood, (4) the community of faith, and (5) the nation as community.[10] Damage to one of these rings affects all the others.

Marriage is a wealth-creating and wealth-preserving institution. One proximate result of its weakening has been the growth of government as substitute provider. As one prominent economist has remarked, “Deinstitutionalization of marriage will lead to an expansion of the size and scope of the state.”[11]

Decades of Failed Experiments

Current challenges to the primacy of marriage and family as well-established civil institutions are often premised on the assertion that they will inflict little damage beyond that done by previous changes in law and culture. Those prior experiments, however, bear witness to the unintended consequences of ill-considered changes in public policy.

No-Fault Divorce. Advocates of no-fault divorce assured policymakers that the impact on children would be minimal if not beneficial.[12] National studies of the children of that generation who are now adults provide a clearer picture, as do surveys of divorced adults.

While many marriages are not salvageable (particularly in the presence of abuse, adultery or addiction), a recent University of Texas study of ever-divorced spouses found that only a third of them felt that they had done enough to try to save their marriage.[13] Moreover, children of divorce disproportionately suffer from such maladies as depression, compromised health, childhood sexual abuse, arrests, and addiction.[14]

Welfare. The expanding programs of the Great Society, while well-intentioned and effective in meeting short-term needs for basic necessities, also had long-term and unwelcome effects on intact families.

Until welfare reform in 1996, anti-poverty initiatives in the United States contributed to the self-defeating financing of family breakdown. Marriage remains the primary route out of poverty for low-income couples, and children who grow up in single-parent homes are five times more likely to live in poverty than children in two-parent homes.[15]

In each of these instances, experiments with family form and support mechanisms have inadequately considered the needs of children. They have spurred calls for reform, frequently from the children themselves as they reach maturity. These calls remind policymakers that no period of family decline has proved inevitable or irreversible.

Go with What Works

The decline in the most fundamental indicators of the health of marriage over the past 40 years is real. Rather than risk further decline in this core institution of civil society through additional experiments with the nature of marriage, policymakers would be wise to turn their attention to reforms that capitalize on the lessons of prior eras.

Blueprints are proliferating for the strengthening of traditional marriage.[16] Attention to these blueprints should be the first concern of policymakers seeking the common good of a marriage-centered and child-focused culture. The well-being of this generation and of generations to come depends on their success.

Chuck Donovan is Senior Research Fellow in the Richard and Helen DeVos Center for Religion and Civil Society at The Heritage Foundation.


[1]Oxford University Press, “Marriage,” Compact Oxford English Dictionary, at http://www.askoxford.com/concise_oed/marriage?view=uk (January 11, 2010).

[2]U.S. Census Bureau, “Current Population Survey Definitions and Explanations,” at http://www.census.gov/population/www/cps/cpsdef.html (January 11, 2010).

[3]Joseph Story, Commentaries on the Conflict of Laws, cited in Matthew Spalding, We Still Hold These Truths: Rediscovering Our Principles, Reclaiming Our Future (Wilmington, DE: ISI Books, 2009), p. 157.

[4]Mindy E. Scott, Erin Schelar, Jennifer Manlove, and Carol Cui, “Young Adult Attitudes About Relationships and Marriage: Times May Have Changed, But Expectations Remain High,” Child Trends, July 2009, pp. 4-5, at http://www.childtrends.org/Files//Child_Trends-2009_07_08
_RB_YoungAdultAttitudes.pdf
(January 8, 2010).

[5]Frank Newport, “Desire to Have Children Alive and Well in America,” Gallup.com, August 19, 2003, at http://www.gallup.com/poll/9091/desire
-children-alive-well-america.aspx
(January 11, 2010).

[6]Linda Waite and Maggie Gallagher, The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially (New York: Broadway, 2000), cited in the Witherspoon Institute, Marriage and the Public Good (Princeton, NJ: Witherspoon Institute, 2006), p. 31.

[7]Jennifer Steinhauer, ‘Studies Find Big Benefits in Marriage,” The New York Times, April 10, 1995, A10, at http://www.nytimes.com/1995/04/10/us/studies
-find-big-benefits-in-marriage.html?pagewanted=1
(January 8, 2010).

[8]Witherspoon Institute, Marriage and the Public Good, p. 33.

[9]Ibid., pp. 22-29; see also, generally, Patrick F. Fagan, “Special Collection: Mapping America: Marriage, Family and the Common Good,” October 9, 2009, at http://www.frc.org/get.cfm?i=WX09J01 (January 9, 2010).

[10]Allan Carlson, Conjugal America: On the Public Purposes of America (New Brunswick, NJ: Transaction Press, 2007), p. 42.

[11]Jennifer Roback Morse, “The Limited Government Case for Marriage,” in Jennifer A. Marshall and J. D. Foster, eds., Indivisible: Social and Economic Foundations of American Liberty (Washington, D.C.: The Heritage Foundation, 2009), p. 31.

[12]Elizabeth Marquardt, Between Two Worlds: The Inner Lives of Children and Divorce (New York: Crown Publishers, 2005), p. 169.

[13]Ibid., Norval Glenn, foreword, p. xxii.

[14]Ibid., p. 189.

[15]Robert Rector, “Reducing Poverty by Revitalizing Marriage in Low-Income Communities: A Memo to President-elect Obama,” Heritage Foundation Special Report No. 45, January 13, 2009, at http://www.heritage.org/
Research/Family/sr0045.cfm
.

[16]See especially David Blankenhorn and Linda Malone-Colon, The Marriage Index: A Proposal to Establish Leading Marriage Indicators (New York and Hampton, VA: Institute for American Values and National Center on African American Marriages and Parenting, 2009), pp. 14-22. The authors offer 101 specific ideas to strengthen the institution of marriage without alteration of its historical terms.

Marriage, Parentage, and the Constitution of the Family.

How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights | eHow.com

In Alienation of Affection, Best Interest of the Child, Brainwashed Children, Child Custody, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, False Allegations of Domestic Violence, Family Court Reform, Family Rights, Intentional Infliction of Emotional Distress, Liberty, Marriage, Non-custodial fathers, Non-custodial mothers, Parental Alienation Disorders, Parentectomy, Parents rights, Restraining Orders, Rooker-Feldman Doctrine, child abuse, children legal status, children's behaviour, deadbeat dads, family court, fatherlessness, fathers rights, parental alienation, state crimes on January 26, 2010 at 11:28 pm

How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights

georgemccasland Member

By George McCasland
User-Submitted Article

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The US Dept. of Health & Human Services conducted a study on this titled “The Survey of Absentee Parents”. The results showed that 60% of the fathers needed to file for enforcement of their court orders within six months of receiving it, and that within five years, lost all contact with the children due to frustration with the lack of help from the courts. This is why it’s so important to learn what you can be doing.

Part of the problem with getting visitation enforced is knowing what to do to prove your case.

Instructions

Things You’ll Need:

  • Daily Journal
  • Chronological Statement
  1. Step 1

    See linked article on “How to Put Together Evidence of Denial of Visitation/Access in Violation of a Court Order”.

  2. Step 2

    It’s most important that you keep a DAILY JOURNAL (see linked article) of all your activities, including any contact with the child(ren). There does not need to be any violence for a claim of violence to be filed. She can get a restraining order because she fears him due to her preventing him from seeing her child. A restraining order can be filed up to a year after a supposed event in many states. With the journal, you can look back and see what you were doing that day and who were witnesses to it, such as being 30 miles away, as was the case with one father.

    He was helping to remove a tree out of the roof of a neighbor’s house. Five months later, the mother claimed that on that night, she had shot out her car windows, and had a police report to prove it. She also claimed he bragged about it. With the Journal, he was able to produce witnesses at the Restraining Order Hearing to show she was lying. However, there’s a drawback to this. In my 20 years of experience, when the mother is unsuccessful in a false allegation of domestic violence, within two years she will progress to child abuse and/or child sexual abuse allegations.

  3. Step 3

    See linked article on Recording Conversations. Remember, you can’t just record, you also have to transcribe the conversations your daily journal.

  4. Step 4

    Take note here that in some states, denial of court order visitation is treated the same as Interference With Custody or Parental Abduction. Though Prosecuting Attorneys usually refuse to enforce the law, getting a police report can help as evidence. In Missouri, the law is RSMO 565.156 §5

  5. Step 5

    If there’s an intent to deny access, prepare a “Notice of Intent to Exercise Visitation” letter stating the specific dates as laid out in your order. Add to this a “Notice of Intent to Exercise Parental Rights” in the same legal format of your other court papers. Sign both and make six copies. See links below for examples.

  6. Step 6

    Mail the originals “CERTIFIED MAIL” and another set with just “DELIVERY CONFIRMATION” (75¢ + postage). If she rejects the Certified Letter, she will still receive the letter with Delivery Confirmation. Remember that these are two different type of mail. To get a Confirmation of Delivery printout, go to the USPS web site at the link below.

  7. Step 7

    If the Certified letter or the Certified Letter Confirmation of Delivery Card, with her signature on it come back, attach either (letter unopened) to a copy of the “Notice of Intent to Exercise Visitation” letter and “Notice of Intent to Exercise Parental Rights”, plus the printout of the Delivery Confirmation from USPS. Take these documents to the County Courthouse and have the Clerk of the Court notarize and them place them in your case file. It’s very important that you repeat this process each time you are to exercise your visitation until either she obeys the orders or you go to court on it. This file gets read by the judge before any hearing, so he will see your effort to resolve this issue without involving the court.

    File the remaining copies for future use.

  8. Step 8

    Repeat process for each time you are to exercise your visitation until she either obeys the orders or you go to court on it.

  9. Step 9

    If the other parent continues to deny you access, you need to decide if you want to use an attorney or go Propria Persona (Pro Se) in taking an enforcement action to the courts. If you wish to use an attorney, you need to take the time to interview several attorneys before picking the one to work with (See linked article on how to do this). Prepare a Chronological Statement (see linked article in preparing one) expressing a history from the time you met her up until this need for action.

  10. Step 10

    A common complain in dealing with these action in court is a claim of bias on the part of the judge. To address any potential of this it is best to use Court Watchers, which are person who are there to witness the proceedings, and not to give testimony. Aside from friends, contact the high school or college about students from government class getting credit for attending the hearing. Each should be equipped with a hard tablet, pen, and a Court Evaluation Form (see link below). They should not sit together in a group, being spread out in the gallery.

  11. Step 11

    If you decide to represent yourself in court, check with your Clerk of the Court for forms for filing an enforcement action. If they do not have one specific for visitation, the ones for child support will work as a template. You need to produce a “Notice of Exercise of Parental Rights” See link for example), filing with the court and having the judge sign it. Serve or have it served on the other parent, depending on the requirements of your state. In Kansas, it can be sent Certified Mail.

  12. Step 12

    For more extensive advice specific to your case, see Dads House Educational Group for association with other dealing with this situation.

  13. Step 13

    Produce a “Notice of the Court of Denial of Exercise of Parental Rights” and “Motion to Show Cause for Contempt of Court of Denial of Visitation” (see links below) for filing with the court.

    Note: This is where it can get complicate in what choices you wish to make. If held in Contempt of Court, this is consider a “CHANGE OF CIRCUMSTANCES”, which is grounds for a Change in the Custody Arrangements. You or your attorney needs to have a Motion for Change of Custody ready to hand the judge (see article on custody changes).

//

Tips & Warnings
  • For Extensive advice on this, and association with others dealing in it, see Dads House in Yahoo! Groups. It’s Free. See link below
  • In states like Missouri, you can file to have child support put on hold, not stopped, until action is taken to address denial of access.
  • A common claim is that the kids won’t come, but that is likely to be a symptom of Parental Alienation Syndrome, so don’t think this is a rejection of you. Just make note of it. Do not ask for the children to say it to you directly.

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How to Address The Denial Of A Parent’s Court Ordered Access, Visitation, and/or Parental Rights | eHow.com.