NSW Help with Lodging an Application in Family Law?

[SamanthaJay]

So here I go, Allforher, you said there are some universal truths in development that can be pretty generally applied based on age - in the post it seems as though you are connecting that with a child's nutritional requirements. Nat and I disagreed with what you said. But you asked was there some legal precedent to which you were not privy or a change in the FLA or a High Court decision that clarified the link between breastfeeding and children's rights to have a meaningful relationship with both parents? I said I doubt it but there should be.

Now, I'm also well versed when you reply to posters about the Family Law Act 1975 and parents not having any rights, only the child does, which is the right to know, spend time and communicate with both parents and other people significant to their care on a regular basis, insofar as their best interests can be met.

Could we not say that breastfeeding for as long as the baby/child wants to is having their best interests met? Unfortunately for dad, we all know he can't breastfeed. We are all in agreement (I think) that breastfeeding is far superior to any substitute we could offer a baby/child. For instance, it's not like we are making a choice to drink a Pepsi or a Coke here. In terms of breastmilk or cows milk, one is proven to be over, above and beyond superior to the other.

You cannot physically make any infant/baby/child breastfeed. If a child is breastfeeding, it's doing so because of it's own needs, not because mum is using it against dad to withhold overnight visits with dad.

My opinion to Twooke (who has probably left the building after all of this - poor guy got more than he expected!) was to research and make to appropriate decision based on what he learnt. I sincerely hope he gets lots of time with his little guy soon.

 

[AllForHer]

Now, I'm also well versed when you reply to posters about the Family Law Act 1975 and parents not having any rights, only the child does, which is the right to know, spend time and communicate with both parents and other people significant to their care on a regular basis, insofar as their best interests can be met.

Could we not say that breastfeeding for as long as the baby/child wants to is having their best interests met?

I'm ever surprised by the creative and subjective way that parents choose to interpret the phrase 'children's best interests', and even impressed at times by the measures they employ to persuade the Court of similar interpretation. Even a child having to take a bus to school instead of being dropped off has been argued as a reason to limit the child's time with the other parent because it would be 'against their best interests'.

But in legislation, the phrase 'children's best interests' is not as subjective as it sounds. In fact, the legislation is actually quite clear about what it considers when determining children's best interests.

The actual phrase used in section 60B (which is where children's rights are listed) refers to 'the maximum extent consistent with the best interests of the child', and the best interests of the child part of that phrase is then determined with consideration to section 60CC, in which there are two primary considerations: the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from harm caused by abuse, neglect or family violence.

All other considerations are secondary to the above, so in short, the benefit to the child of having a meaningful relationship with both parents is, in legislation, of greater concern to the Court than the benefit to the child of being breastfed.

However, that does not mean the Court cannot or will not facilitate a breastfeeding relationship. To the contrary, in the case of most breastfeeding babies under the age of 12 months, it will restrict overnight time with the father so the child can continue to breastfeed.

But the older the child gets, the less gumption breastfeeding has an argument for limiting a father's time with the child. Eventually, children stop needing or wanting breast milk, and at some point, the Court has to balance what is essentially supplementary breastfeeding with the child's right to know, spend time and communicate with their father on a regular basis so that they can benefit from a meaningful relationship with both parents - as determined by the legislation.

Again, that's not my opinion, that's just how it works under law.

 

[SamanthaJay]

Ok, gotcha Allforher. Thanks for explaining it like that.

 

[sammy01]

Been doing some research... On the cattle industry...

Scary stuff.

 

[sammy01]

So I'm not going to bother (much) explaining to SamanthaJ that disagreeing with her does not mean I'm not a critical thinker, it just means I think differently to her about milk...

And let's get practical, let's ignore the two tier consideration of the FLA as outlined by ALLFOR HER.... Yep you can't force a child to breastfeed AGREED... Once they quit that is it.... But I would hate to live in a world where a vindictive mother could claim to still be breast feeding to stop dad having extended time with the child...

OR how about the alternative - Mother forced into court to 'prove' child is still breast feeding...

 

[AllForHer]

I'm inclined to agree that breastfeeding making its way into the FLA would be a rather catastrophic development. In the more extreme examples, there are women who breastfeed their kids right up until they're five years of age, even older in some of the newsworthy cases. It could be used as just another weapon in the arsenal to minimise a child's time - and by proxy, their relationship - with their father, for even later into a child's life.

Perhaps I am a lone soldier, but I was a breastfed baby who now shares a very close relationship with both of my parents. I am blessed that my parents never had to make the choice, but if they had, I would have preferred to forego all the benefits of being breastfed and fed from a bottle of formula instead, if being breastfed meant I had to sacrifice the precious time I spent with my dad as a child, building the strong and supportive bond that we share now.