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December 29, 2003
Aussie Joint Custody - More
Some of the recommendations in the Report (beginning on page 21) will actually do the opposite of what the Committee wants, especially when it comes to cutting the costs of divorce. These particular recommendations are bad for dads as well as children and mothers. The ones who benefit are the attorneys and therapists.
"Maximum parental involvement" as a goal cannot be legislated. The Report recommends the use of mandatory mediators, court-ordered counselors and legal advisors, and a new tribunal to require parents to create parenting plans. All of that is nearly identical to the "divorce cottage industry" that exists in the U. S. This is the same "divorce industry" fathers' rights complain about all the time. In that instance, they're right to complain.
The therapists, attorneys, and child advocates make lots of money with court-ordered cases. That's a big reason why some divorces in some areas (think California) can cost in excess of six figures. That recommendation (recommedation #5 in the Report, pg. 22) will increase the cost of divorce and jam up the court system, making matters worse for everyone -- men, women, children.
From Chapter 4: A New Family Law Process:
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The Recommendation requiring mediators, etc., will only increase these expenses, especially in the kinds of cases mentioned above. Frivolous and antagonistic litigation has long been a problem in the U. S. By the way, fathers' rights attorneys have frequently exacerbated problems for divorcing dads by urging them to "fight for their rights" in court. Who benefits from this? The attorney - who collects huge legal fees by feeding on client's distress and anger.
That's the sort of thing the Committee wants to avoid.
Posted on December 29, 2003 at 03:33 PM | Permalink
Comments
"Although the dispute is symbolized by a 'versus' which signifies two adverse parties at opposite poles of a line, there is in fact a third party whose interests and rights make of the line a triangle. That person, the child who is not an official party to the lawsuit but whose well-being is in the eye of the controversy, has a right to shared parenting when both are equally suited to provide it. Inherent in the express public policy is a recognition of the child's right to equal access and opportunity with both parents, the right to be guided and nurtured by both parents, the right to have major decisions made by the application of both parents' wisdom, judgement and experience. The child does not forfeit these rights when the parents divorce."
--Presiding Judge Dorothy T. Beasley,
Georgia Court of Appeals,
"In the Interest of A.R.B., a Child," July 2, 1993
"Children benefit most when both parents can care for them and when they can have access to both parents."
Governor's Task Force on Family Law
Posted by: Joshua Baughman at Sep 28, 2004 8:10:12 PM
First of all, Mr. Baughman, you posted a blurb about joint custody in a U. S. case to a post about joint custody in Australia. Australia rejected a presumption for joint physical custody in December, 2003. Both of your quotes are also an isolated quotes seen repeatedly on fathers' rights and pro-joint custody web sites, in particular the Children's Rights Council, which is a fathers' rights group. The quotes are taken out of the context of the particular case and the task force - you did not find them directly from those two sources. In addition, while Georgia may have made it public policy in 1993 that joint custody is in the best interests of children when both parents are fit, Georgia does not have a presumption that automatically awards joint custody to parents when they divorce. In 2004, the most common form of custody remains sole maternal custody because most often that is what parents decide on on their own without the need for court intervention.
Posted by: Trish Wilson at Sep 29, 2004 3:37:58 AM
Way to go Joshua! Your statement stands by itself, even with MINOR technicalities.
"because most often that is what parents decide on on their own without the need for court intervention."
You mean to say the world didn't fall out from under the maternalists' feet when presumptive joint custody was introduced? Admit it Trish; your statement proves both of us right. Why keep fighting joint custody? It's best for all in the family, and it's Constitutional.
Posted by: TonySprout at Sep 30, 2004 6:11:22 AM











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