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AUSTRALIA
ABOLISH CHILD SUPPORT/
FAMILY COURT PARTY
PO Box 9100 Scoresby VIC AUSTRALIA 3179
Tel 061 (03) 97648504
Secretary:- Justice Abolish Child Support And Family Court
POLICY STATEMENT
* Abolish child support and sole custody/residence in favour of equally-shared parenting as the legal preference (in line with the Rights of the Child and the United Nations Charter of Human Rights, both of which Australia is a signatory to). Nowhere in the Family Law Act 1975, which was established in the ‘best interests of the child’, does it state that sole custody/residence should be the legal preference. The Family Court issues orders of sole custody/residence in 98% of all cases involving children, and actively discourages equally-shared parenting.
If one parent forfeits time with the children, that parent will be liable to pay pro-rata maintenance to the other parent. The amount of maintenance should be a flat rate, calculated on the actual living expenses of the child(ren) rather than a percentage of the liable parent’s gross income which financially prevents some people from being able to form another family. At present, the Child Support Act discriminates against families which are not first families. Article 16(1) of the United Nations Universal Declaration of Human Rights provides: "Women and men of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family." Article 16(3) of the United Nations Universal Declaration of Human Rights provides: "The family is the natural and fundamental group unit of society and is entitled to protection by society and the State."
* Abolish the Family Court and replace it with a competent Divorce Tribunal where discretion of the arbitrators is limited and legal representation is prohibited (unless in exceptional circumstances). Article 7 of the United Nations Universal Declaration of Human Rights provides: " All are equal before the law and are entitled without discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
* Orders of the Divorce Tribunal to be strictly enforced by that Tribunal and the State and Federal Police. Article 8 of the United Nations Universal Declaration of Human Rights provides: "Everyone has the right to an effective remedy by the competent national tribunal for acts violating the fundamental rights granted her/him by the constitution or by law.
* 50/50 division of assets acquired during the marriage/relationship (assets owned prior to the marriage, inheritances, superannuation and compensation to be exempt from any property settlement). Article 16(1) of the United Nations Universal Declaration of Human Rights also provides: "They (women and men) are entitled to equal rights as to marriage, during marriage and at its dissolution." Article 17(2) of the United Nations Universal Declaration of Human Rights provides: "No one shall be arbitrarily deprived of her/his property."
* Intervention and restraining orders are not to be issued without just cause whereas at present they are liberally issued. Article 11 of the United Nations Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which she/he has had all the guarantees necessary for his defence."
* The establishment of a Compensation Tribunal to enable retrospective claims, by children and non-custodial parents, against the Family Court, divorce practitioners and others involved in perpetuating the current practice of sole custody/residence which amounts to legalised child-stealing and kidnapping. Article 5 of the United Nations Universal Declaration of Human Rights provides: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
Children's Rights
1. It is crucial for both biological parents to be equally involved in the raising and nurturing of their children.
2. The importance of children maintaining contact with extended family (maternal and paternal).
Further information or for a membership form (MEMBERSHIP IS FREE) email
or forward correspondence to the Secretary C/-PO Box 9100 Scoresby VIC AUSTRALIA 3179
Written and authorised by Justice ABOLISH CHILD SUPPORT AND FAMILY
COURT B.Eng(Civ), Dip Ed Party secretary
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C/-PO Box 9100 Scoresby VIC AUSTRALIA 3179 Tel (03) 97648504
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