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Dear Equal Parenting BC.ca

This is important information related to the soon to be debated Family Law Amendment Bill in the Senate in the week starting the 27th March.

The Family Law Amendment Bill (2005) is scheduled to be debated in the Senate next week. It is expected to be debated soon after the tabling of the Senate Inquiry report, expected in the afternoon of the 27th March.

Australian Parenting Group, Fathers4Equality, who had recently been invited to speak to the Senate on this Bill, have yesterday distributed a Research Paper entitled "Parents are Forever...even if Marriages are not" the 113* 'supportive federal MPs and Senators of a 'presumption of pro-equal parenting time', in their bid to pursuade the Attorney General to tighten the equal parenting provisions in this Bill because of concerns that the Family Court will undermine the intent of the Bill, which is to substantially increase equal parenting time (Shared Residence) outcomes.(much like it did of the 1995 shared parenting reforms)

*Please note that the view on this topic of 30% of Senators and MPs was not revealed by the said recipients of the survey.

The research paper, along with an extensive citation addendum, document the large body of credible academic literature available that emphasises the benefits of substantially equal parenting time to the welfare and safety of children of separated families, amongst other benefits, and conversely, the significantly higher emotional, physical and sexual risks to children associated with the current one-size fits all sole parenting norm.

We ask you to please consider writing a pro-equal parenting article in your relevant newspaper or other media to counter the disproportionally large number of misleading articles being published that ignore the significant benefits to children of this common-sense approach. All father's groups are concerned that the current Bill is too weak to ensure that the Family Court, with its entrenched sole-custody philosophy, will change its ways and start awarding equal parenting orders.

To assist in your article, we suggest that you kindly review the following material available for your download:

(1) 'Parents are Forever...even if Marriages are not' - A research based advocacy for a presumption of equal parenting time after separation .. ParentsAreForever_2006_March.pd

(2) Annotated Research Bibliography - extensive collections of citations that support benefits of substantially equal parenting time for children & parents.
ResearchforSharedResidence.doc

(3) Most recent Press Release: "Equal Parenting laws AN INEVITABILITY, says Australian Parenting group"
http://www.fathers4equality-australia.org/equalparenting/fathers4equality.nsf/pages/EqualParentingInevitability

(4) A recent Press Release: "Senate flooded with submissions from Disaffected Fathers"
http://www.fathers4equality-australia.org/equalparenting/fathers4equality.nsf/pages/InquirySubmissions

(5) Photos - James Adams (Fathers4Equality Inquiry Spokesperson and Co-author of Research Material.
http://www.fathers4equality-australia.org/equalparenting/fathers4equality.nsf/files/JamesAdams_DadandDaughter_Give_me_that_dummy6.JPG/$FILE/JamesAdams_DadandDaughter_Give_me_that_dummy6.JPG
http://www.fathers4equality-australia.org/equalparenting/fathers4equality.nsf/files/JamesAdams_DadandDaughter_Tug-of-war2.JPG/$FILE/JamesAdams_DadandDaughter_Tug-of-war2.JPG

(6) List of submissions to the recent Senate Inquiry into Family Law Amendment: 85% of all submissions suprisingly being from Fathers
http://www.aph.gov.au/senate/committee/legcon_ctte/family_law/submissions/sublist.htm

(7) US Iowa article showing that the 'Consideration of Equal Parenting Time' provision in Family Law had categorically failed to increase Shared Residence in Iowa, resulting in only 13 joint custody outcomes since its introduction.
http://www.wcfcourier.com/articles/2006/03/21/news/metro/doc441ed2cfd7ffa296763768.txt

(8) Equal Parenting Time presumptions are being enacted in law all over Europe. Brussels is soon to do the same:
2006-03-21  Divorced parents set to gain co-custody, EU

(9) Australians overwhelmingly support a presumption of Shared Residence.
http://www.fathers4equality-australia.org/equalparenting/fathers4equality.nsf/pages/publicopinion


Please contact Ash Patil [email: president@fathers4equality-australia.org] (mobile: 0437-967-955) or James Adams (mobile: 0417 258 364) anytime to discuss this very important changes to Family Law.

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Below is the introductory commentary to the distribution of the Research Paper to the majority in Parliament (113 MPs and Senators) who support a strengthening of the current Bill to include a presumption of equal parenting time.

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Thank you for inviting Fathers4Equality to speak at the recent Hearing into the Senate Inquiry on the Family Law Amendment Bill, and a very special thank you to the numerous Senators and MPs who kindly made time to meet with Mr Barry Williams of the Lone Fathers Association, Mr Warwick Marsh of the Fatherhood Foundation, and myself, Mr Ash Patil from Fathers4Equality, to discuss this Bill and the Equal Parenting Time provisions in detail.

Father's groups across Australia however have GRAVE CONCERNS that the current Family Law Amendment Bill will be undermined once passed by a Family Court that has indicated in no uncertain terms that it refuses to accept that shared parenting is in a child's best interests. Please help strengthen this worthwhile and most important Bill by contacting the Attorney General and Prime Minister urging support for a Presumption of Equal Parenting Time amendment.

This email has been distributed to every Federal Member and Senator who have indicated their support (via their response to the Fathers4Equality Equal Parenting Time survey, or a statement in Hansard or in the media) for an amendment to the current Family Law Amendment Bill to incorporate a Presumption of Equal Parenting Time. (Please view below for a full list of recipients)

Attached are two very important research papers developed by Fathers4Equality to highlight the extent of credible research that supports the notion that substantially equal parenting time after separation is in the best interests of children and parents.

** "Parents are Forver...even if Marriages are not" - A research based advocacy for a presumption of equal parenting time after separation

** Annotated Research Bibliography - extensive collections of citations on studies that support the benefits of substantially equal parenting time for children and parents.

We would kindly and respectfully ask that you please review this material, and please CONTACT the Attorney General and the Prime Minister advising them of your concerns about the Family Law Amendment Bill in its current state, and indicate your support for an amendment to include a presumption of Equal Parenting Time.

Fathers4Equality Position Statement on current Family Law Amendments

The federal government has recently tabled the Family Law Amendment (Shared Parental Responsibility) Bill 2005 in parliament, a Bill that reflects the vast majority of recommendations made by the bi-partisan committee set up to investigate reforms to child custody laws.

The clear and unambiguous intention of the proposed Bill is to encourage equal parenting time or arrangements close to it, through the Family Court and the new family relationship centres, in recognition of the overwhelming benefits that such arrangements will deliver to the safety and best welfare of children.

Although the government's intention is genuine and widely acknowledged, fathers groups on the whole believe that the Bill itself will unfortunately fail to realise its principal intent for the following key reasons:

Why the Bill will fail to realise its intentions:

**The 1995 Family Law reforms, with remarkably similar intentions to the current Bill, failed to increase shared parenting arrangements (and in fact reduced them), because the language of the legislation was not explicit enough to ensure compliance with the spirit and intent of the legislation. The current Bill is similarly structured to be again ignored by a Court that has a remarkably entrenched "sole custody - winner takes all" approach to child custody decisions.


**The Family Court (and Relationships Australia) have made submissions to the various Inquiries pre-ceding this Bill, with quite explicit objections to the concept of equal parenting time or anything like it. Considering the key role these institutions will play in applying these new laws, there are well founded concerns that the intent of the current Bill will be critically undermined by these institutions, unless the equal parenting provisions in this Bill are strengthened.


**The vast majority of Family Court judges have indicated via their judgments that they believe that equal parenting time or close to it is not in the best interests of children. The current Bill's request to consider equal parenting time is therefore open to rejection on this basis alone, in EACH AND EVERY INSTANCE.


**The same Amendments were made in Iowa, USA in 2004. They have been CATEGORICAL FAILURES resulting in only 13 cases of joint physical custody since. Ohio is now in the process of debating the strengthening of the Legislation to include a "presumption that equal parenting time is in the best interests of the child". These laws failed in Ohio and they will fail in Australia unless they are strengthened.

Changes required to the Bill in order to better fulfil its intent:

(1) To rename the Bill the Family Law Amendment (Equal Parenting Time) Bill 2005, to ensure that the intent of the Bill is fully acknowledged by the Family Court and ancillary institutions.

(2) To enact a presumption of equal parenting time (the starting point), rebuttable if child abuse can be proved.

(3) To ensure that all children of separated families are judged according to the same legal standard, as such, the passage of the new Bill to be treated as a change in circumstance, thus allowing all children to exercise their rights to access and engage with both their parents.

(4) To provide for continuous disclosure of equal parenting outcomes once the Bill has been passed, and to require a Parliamentary Inquiry twelve months after the introduction of the amendments to review the effectiveness of the legislation to achieve the aim of equal parenting time as a norm.

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Please contact Ash Patil [email: president@fathers4equality-australia.org] (mobile: 0437-967-955) or James Adams (mobile: 0417 258 364) anytime to discuss this very important changes to Family Law.

 

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