The Ugly side of Equality in the Family Court

lobbytop1 · 2012-06-05T04:29:38+00:00

TWO young brothers will grow up at opposite ends of the world after a remarkable decision in the Family Court of South Australia.

2012-06-05T05:48:57+00:00

Really no way to win in this situation for the children. Either they automatically go to their mother and never see their father again or don't see eachother again.

Jazzeki · 2012-06-05T12:57:20+00:00

if this was suposed to be some kind of compromise somebody failled to understand what their job is. if it was to teach the parents a leason they should have removed the kids and put them in foster care TOGETHER!

td9red · 2012-06-05T16:28:21+00:00

While I hate when one parent kidnaps their children and I generally believe the other parent should get custody in a kidnapping case, I actually think the Australian court made a poor decision in this case. It seems it would have been better to allow the older son to live in Canada with his brother and his mother. The Australian Court's decision seems to suggest that maintaining a close relationship with just his father trumped having a close relationship with his mother and any relationship with his brother. His mother, father, and brother are his closest family. Having a relationship with 2 of them should trump only having a relationship with 1 of them. The article suggests the court made this decision b/c had the older boy been sent to Canada, the mother would not have encouraged a relationship with the father, but, other articles about the same case suggest something different. An article about this case was posted a couple of days ago. That article indicated that when the younger boy was born the father came to Canada for his birth and stayed in the same home with the mother. As such, the father was aware of his children's whereabouts. Their whereabouts were never unknown. Also, the mother permitted the father to speak with the children after he went back to Australia. As such, it doesn't seem the mother would discourage a relationship with the father. Additionally, being as the court only permitted the mother visitation with the older child in Australia it is likely the brothers will never get to see each other b/c the mother is scared to bring the younger boy to Australia. While I think the mother's fear is unfounded. I don't know any Australian law, but, I can't see how an Australian court could assert any jusrisdiction over a child that was born in another country and who has never lived in Australia. Possibly, the father and his lawyer should try to work out some kind of stipulation with the mother indicating that the father promises not to seek custody of the younger child in any Australian Court. Than, at least maybe she can take the younger son to Australia to visit with the older boy.

Title	The Ugly side of Equality in the Family Court
Author	lobbytop1
Upvotes	7
Comments	4
Date	June 5, 2012 4:29 AM UTC (14 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/ulkfu/the_ugly_side_of_equality_in_the_family_court/
Archive Link	https://theredarchive.com/r/MensRights/the-ugly-side-of-equality-in-the-family-court.1020436 https://theredarchive.com/post/1020436

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