NSW Lack of Enforcement for Family Court Orders

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Blue Grass

Well-Known Member
6 August 2014
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All for her, though I agree in principle with your comments the same issue remains, Unless you can handle the emotional and financial cost of going back to court there is no where to go for help when a parent has real concerns about things a child is saying - when those comments are reinforced by others who have little or no knowledge of the family situation. The courts assign parents a councilor even a court reporter to deal with the aftermath of court, but they have no power to force either parent to follow orders or follow advise and can do little more than say - all you can do is take it back to court.
 

AllForHer

Well-Known Member
23 July 2014
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I agree, Blue Grass, not much has changed in terms of enforcement since I first wrote the above posts in 2015. This field of law is unique in the challenges it presents - it's best for children for parents to cooperate, yet parental disputes are battled out in an adversarial justice system that pits parent against parent to determine a winner and a loser. Not exactly a recipe for cooperation and good will, is it? The current style of enforcement serves only to prolong the disputation, as well.

The whole system needs a policy overhaul. We use tribunals and commissions for managing the relationship between between employers and employees so disputes can be resolved in such a way that trust is retained and working relationships remain tangible, yet we use a Court of law with judges and barristers for resolving disputes between fathers and mothers, which serves only to tear the co-parenting relationship apart. Perhaps something could even be learned in how we approach workplace relations.

But this is just my own musing. There are many with other views on the way forward for family law.
 

Blue Grass

Well-Known Member
6 August 2014
45
3
124
Sadly it still comes down to both parent being willing to co parent and do what is best for the child. When you have one parent who refuses to co parent and is hell bent on causing as much grief for the other parent as possible in an act of revenge not considering the pain and hurt that will cause the child there is no where to go.
For me the answer is simple, break a court order, refuse to follow medical advise, refuse to follow advise from the court appointed councilor and you automatically loose time with the child, or maybe we need a system like the road rules, you start with 10 points, every time you step out of line depending on how serious you loose points, once the points are gone so are the children for say a minimum of 3 months. You need to make it tough to make it work.
No lawyers or court, just a place you go to present your evidence that is FREE, to stop the system being abused maybe that also needs a point system, keep going with utter rubbish and you loose points and once the points are gone you cant use the system for 6 months.
All I know is "something" needs to be done and done very quickly. We are talking about the lives of children and their whole future .
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Changes are proposed, I expect to see movement this year.

The Federal Government ran an inquiry last year into family law and family violence. Report was issued last month (Dec 2017) with 33 recommendations. It is now up to parliament to debate this report along with 3 other bills already on the 'books' on changes to the family law system. Not sure of the current status of these bills.
 

Blue Grass

Well-Known Member
6 August 2014
45
3
124
Thanks All for her, I just hope what ever changes come into force focus on the kids, adults understand what is happening even if they dont like it, kids just dont understand all they know is they hate what is happening and that no one will listen to them and stop all the things that make them so sad and confused. Kids just want to be happy like their friends.