Why don't the 'experts' listen to what the kids want? This makes me so angry These ppl who force kids to see the parent against their will should get down to the library and educate themselves and read all the books written by now adults who where also kids forced to see a parent and the damage it done to them. I thought in this day and age kids refusal to see the other parent would certainly warrant good reason to listen to the child.
14. This misunderstanding in the community about what the legislation really says has also led to some primary care givers entering into agreements, (doing deals), for fear of getting a worse result for their child in a Court, even when that caregiver believes or knows that that child is unlikely to be able to emotionally manage what they‟ve agreed to. On many occasions, when I have had concerns about the appropriateness of consent terms for a child under 4, and have checked the view of the primary carer directly in the Court room, I have been told the party, (usually the mother) doesn‟t think it will work, but has signed the terms, either to relieve pressure from the other side, to get out of the Court system, to avoid any accusation of not being a parent who facilitates time, or to ensure the Court is not given the opportunity to make it even worse for the child, as the party may have been warned.
link to whole document: http://www.legalaid.nsw.gov.au/__dat...ember-2011.pdf it's long-ish but worth the read
Anyway, I just found it interesting and thought it might interest others concerning custody. You cn tell I'm studying family law at the moment!
Last edited by Ellewood; 01-04-2014 at 16:43. Reason: Added link
I 'thought' once kids turn 12 they have a right to choose if they want to see the other parent? I certainly do think kids need to have their own voice and the authorities need to listen.
I think that the second part of your paragraph can be very arbitrary and that's probably why courts appoint a psychologist or psychiatrist in cases that go to court (as distinguished from parenting orders made during mediation under agreement by parents) to represent children and give their professional opinion as to the weight the court should hold such opinions regarding various factors such as age, maturity, being persuaded or influenced by one parent etc.).
To anyone else reading this thread, it's simply a discussion and offering up some advice, and in no way trying to imply its easy or simple or that theres a 'one size fits all' solution. I wouldn't wish to be in this situation or wish it on anyone else. But I think there's a lot of presumption out there that I would hate for others to read and believe is out-and-out true.
Sorry, I wasn't having a go at you. It just makes me angry when one says yes...the law does listen when really, it doesn't unless something really bad happens first.
Why does a child need a bad experience for the law to listen? Just like Luke Batty...his mum tried to protect him yet the law didn't listen and now he's dead!
Pregnant for the first-time?
Not sure where to start? We can help!
Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!