Buy lipotrexate without prescription, It's time for me to recommend some good reading. Australian academic John Hirst's 2005 essay "Kangaroo Court: Family Law in Australia" is well worth the read. I can't provide a link, but it was published by the journal Quarterly Essay and can be obtained online.
Here's Hirst's bio at the end of the essay:
John Hirst is a widely respected historian and social commentator. Reader in History at La Trobe University, lipotrexate prices, Lipotrexate us, he is the author of several books, including Convict Society and Its Enemies, cheap lipotrexate from canada, Order lipotrexate, The Sentimental Nation and Australia's Democracy, as well as many commentaries for leading Australian newspapers and journals. John Hirst has also had a number of influential appointments. He was a member of the Prime Minister's Republic Advisory Committee and the chair of the Commonwealth Civics Education Group. He is currently a member of the Film Australia Board and the council of the National Museum.
So how did he come to be interested in family law? Quite by chance as it turns out. He started a "cuttings file" that he thought he might write something about one day. Then, buy lipotrexate low price, Lipotrexate pharmacy, a family court appointed him to supervise the child visitation of one of his male students. It seems the man's ex-wife had claimed he was a danger to the kids. As Hirst writes,
Within half an hour of our first visit, find no rx lipotrexate, Generic lipotrexate, I knew that my responsibilities would be light... The day Steve was told of his wife's accusations was the day I determined that I must write about this Court.
He researched intensively and his essay is the result.
As many readers will have noticed, find lipotrexate online, Cheap lipotrexate no rx, the essay is dated 2005. That's a year before the amendments to the Family Law Act that opponents are now so feverishly trying to repeal. So why should we be interested in an essay written about a law that's no longer in effect? Well first, most of what Hirst wrote about is still in effect. But second, lipotrexate non prescription, Buy lipotrexate on internet, and perhaps more importantly, the law Hirst's essay deals with is the law opponents of the 2006 amendments want to return to. So it should be read with that in mind, buy lipotrexate online without prescription. Order lipotrexate from us, Hirst is an engaging writer. The pages of his essay don't actually smolder as you read, but it's not for lack of heat. 'Scathing' is perhaps the best word for Hirst's ire at the family courts of Australia and many of those who sit in judgment, where to order lipotrexate. Order cheap lipotrexate, The Australian family court began with the Family Law Act of 1975 amid great hope. At the time, divorce was only granted on proof of 'fault' which often meant staged acts of infidelity on the part of one spouse to satisfy the evidentiary requirement. To avoid that, lipotrexate buy online, Lipotrexate prescription, Australia, like so many other countries around the same time, lipotrexate overnight delivery, Lipotrexate order, went to a 'no fault' system. As Hirst says, the idea was to give dead marriages a decent burial and move on, overnight lipotrexate.
The Family Court was to be a "caring court," different from the others, less adversarial and supportive of the wellbeing of parents and children. I know, it seems hard to believe now that anyone could ever have referred to family courts as 'caring,' but there you have it, buy lipotrexate without prescription. Free lipotrexate, It took almost no time at all for the concept to be tested. The ink was barely dry on the new act when a distraught father violated a court's decree of divorce by breaking into his ex-wife's house, waving a gun and demanding to see the children. What's a 'caring court' to do, lipotrexate cheap drug. Lipotrexate pharmacy online, It found the man to be in contempt of the court's order and jailed him for thirty days. This action by the lower court occasioned much hand-wringing on the part of justices. Jailing for contempt seemed to be so, well, buy lipotrexate from canada, Lipotrexate cost, 'uncaring.' But the court reasoned, as pretty much any court will, lipotrexate online sale, Canadian pharmacy lipotrexate, that, like it or not, lipotrexate, Lipotrexate pills, courts have to preserve the authority of the orders they issue. If parties are free to ignore court orders, then quickly enough it may as well stop issuing them. That makes sense; courts enforce their orders via the contempt process; it's been done for centuries, no rx lipotrexate. Pharmacy lipotrexate, Then the father pointed out that, by jailing him, cheap lipotrexate internet, Buy discount lipotrexate online, the court put the wellfare of the child in jeopardy; it deprived the child of the care of its father. But the court ruled that,
"in a contempt matter, find discount lipotrexate, Compare lipotrexate prices online, the welfare of the child is not the paramount consideration... If lenience is shown, buy lipotrexate pills, Buy lipotrexate on line, the court's power to protect not only the individual child concerned, but also many other children, buy lipotrexate in us, Order discount lipotrexate online, may be diminished."
Fair enough. If a court doesn't enforce its orders, how can it protect children who are the subjects of those orders?
But then another type of violation came to the court's attention, and the family court pivoted on its heel with a crispness that would be the envy of the most spit-and-polish soldier. When a custodial parent (usually a mother) violated a court's order granting the non-custodial parent (usually the father) visitation, the same problem was presented - how to preserve the court's authority and at the same time maintain the best interests of the child. Buy lipotrexate without prescription, In that situation, and directly contradicting the reasoning in the previous case, the court concluded that the potential for violating the best interests of the child is paramount and the interests of the court in the efficacy of its own orders was to be sacrificed. Visitation orders were not to be enforced. Custodial mothers, it was hoped, would comply with the orders and 'allow' visitation, but if they didn't, the court was not going to force them.
As Hirst points out, that conclusion was in no way required by the Family Law Act which gave plenary powers to the family court to enforce its orders.
And predictably, leniency toward those custodial parents who flouted visitation orders in fact did diminish the court's power to protect children. As is well known by now, visitation orders are routinely ignored by custodial parents which damages the child's relationship with the non-custodial parent. And yet the 'caring court' can't manage to either protect children from those violations or assert its own authority in the matter of visitation orders.
Interestingly, when the subject is brought up, judges routinely raise the specter of jailing the custodial parent and the effects of that radical course of action on the wellbeing of the child. I recall a televised interview with a Canadian family court judge who raised the same objection. And who wouldn't be concerned about that? To which Hirst raises the obvious question,
But why the talk of gaol?
After all, there are a great many ways in which a judge can encourage a litigant to comply with court orders that don't involve jail. In my many years of law practice I only saw a litigant jailed once for contempt of court. The fact is that it just doesn't happen that often. That's because judges have a vast array of lesser sanctions available to them as every attorney knows. Attorneys fees can be awarded to the other side, pleadings can be stricken, etc. In family law cases, custody can be altered. But, Hirst tells us that even when it comes to those relatively minor punishments for mothers who deny access,
the Family Court has not been interested in that approach either.
Hirst goes on to another obvious point - that when it comes to the family court refusing to jail mothers,
Other jurisdictions do not accept this limitation. A single mother has to pay fines for parking and traffic offences and many women in gaol are mothers. A single mother who cheats the social security system may occasionally be put in gaol, a necessary act to preserve the integrity of the system. The Family Court has no understanding of system integrity.
Indeed, the concept of Mother as a kind of Get Out of Jail Free card is absurd - to everyone but the family court. I can just hear it: "Judge, I admit I robbed the convenience store and shot the clerk to death, but I've got a kid at home; you can't jail me." Would that work.
The striking difference between the way the family court in Australia (and elsewhere) treats custodial mothers and the way it treats everyone else who violates its orders is a stark reminder of what I've said so often - fathers' rights are in mothers' hands. If she chooses to comply with the court order and 'allow' access, then he may see his children. If not, then he may not. As Hirst writes,
Mothers who have nothing more to fear from the Court than a slap on the wrist, can, if they wish, exclude fathers from their children's lives.
So the failure of the court to enforce visitation orders is part of a larger whole.
In the future, I'll write more about John Hirst's fine essay.
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