Website of the Lone Fathers Association of Australia and
The Office of the Status of Men and Their Families
National President's Report
April - May 2008
I apologise for the lateness of this newsletter, any blame should be directed at me. I have been completely run off my feet working night and day, on people’s problems and some personal problems that have set me back.
Even though the new family law and child support amendments are an improvement on the old ones, the new child support amendments due to take effect in July this year are causing a lot of grief to many payers who have received their new assessments from the CSA. Honestly every day we are hearing from very distressed people about their new assessments, and how some cases their assessment has doubled, or they are will be paying at least another half on top of what they are already paying. Many stating they will not be able to pay the extra and also pay their rent.
Yes the taskforce stated that payers were paying to much for young children, but when a child turns 13 years it would require more child support to support that child, but it never considered it being half or double as much on top of what payers are already paying.
I have met with the Child Support Minister Senator Joe Ludwig about this problem, and he has asked me to supply him with some of these cases.
If you feel your assessment is completely wrong don’t panic contact your case officer immediately, and discuss it with them, remember you probably won’t know what your ex partner’s income is, and until you know that you can’t really calculate your payments, because the new scheme is calculated on combined incomes. I have spoken to the CSA Manager about this and he agrees, you should contact the CSA, and discuss your concerns with them. You should contact the CSA Reform Scheme Team on 1300 885 437. But make sure you are fully aware of the care time you have with your children as this will play an important part of your assessment.
I will be going to Sydney sometime in early April to meet with the boss of the Federal Magistrate Court Mr John Pascoe to discuss with him the problems that thousands of non resident parents are facing with denial of their access from their former partner, even when that partner has court orders outlining the access, these people are in contravention of the court orders, and yet the courts don’t do nothing about it.
We want access disputes taken out of the Federal Magistrates hands and be heard by a special panel, who will have the power to arbitrate and decide whether the denial of access was justified or not, and if not then immediately action taken against the parent at fault. One warning only then the laws that are already in place take immediately effect, they are a $5.000 fine, 200 hours of community work, a reversal of custody to the other parent, and even a jail sentence ( but jail is not a good option). On the other hand if there was proven proof that the access parent was a direct risk to the child or children such as sexual assault etc, then this panel would also have the power to take the next step and stop the access, but as stated their would have to be absolute proof, not mere allegations. If you fail under common law to abide by court rulings you feel the full force of the law and penalties, and if you don’t pay your child support you will be hounded and fined, family law should be the same.
One case of thousands I wish to share with is a member, who has not been able to see his child for the past 2 years, even though he has full court orders stating the access must be given. This man has been to courts a dozen times through out Victoria, trying to get the courts to uphold the orders, but they kept referring it to other hearings, at a tremendous cost to the father, while she got legal aid. Recently it went to Warrnambool in Victoria, and the lady Magistrate warned the ex wife, stating you have gotten away with this for the last 2years, well it ceases here today, you are to comply with the order, or else you will be sorry you ever heard of my name, and if you don’t abide by the orders and let the father have his access you will be bought to this court and I will personally deal with you myself, and I can assure you will be sorry you ever heard of my name. Well yes you guessed it, within 2days she has ignored the Magistrates warning, and the father has still not seen his child.
The father rang the Childs advocate and complained. The advocate said I will decide when and if you see your child. So I rang this bloody criminal of a child advocate, and asked him why was he overruling the Magistrates orders, he stated I am not going to talk to you and hung up in my ear. I rang back and told his secretary to tell him he is the rudest person I have ever tried to talk to, and I know his name and will be reporting him to the court, and he will go on our naming and shaming list all through Victoria. I also rang the Warrnambool court and tried to ask the Registrar what could be done and he virtually said nothing only that the father would have to take out another contravention order. So the circus just goes on an on, and by the way this dad is a decent dad has no record or reason for his ex to stop access, only her spite.
There are thousands of similar cases that I have and I intend to start writing a book about them and about the last 35 years of family law in Australia.
On behalf of LFAA let me thank all our Branch Committees, and members of the National Body for their tremendous volunteering work they all do, in helping all those men, women, and children who contact this great organisation, every day and night of the year.
