Don’s Family Law Blog

To avoid superlatives Keith was a good man with a good heart.  So too was he a good lawyer and jurist. 

He will be missed.

A sad note on which to begin holidays.

I have acted for and against many problem gamblers in my career.  Poker machine addiction is not good for marital harmony. 

As Canberra struggles for a solution it seems to be an easy fix is available to poker machine poverty … increase the payouts!

The politicized world of family law reform has for many years led to constant change in family law legislation.

It has now been some time since any substantial change occurred and it seems nothing is being contemplated for the near future.   The changes to the children’s provisions of the Act seem to be on the back-burner.

2012… we shall see.

It seems that the divorce game is a lot rougher in the States.  We certainly see evidence of entrapment here, but nothing as elaborate as this story reported in the Sydney Morning Herald.

A nice story from the U.S.  

One benefit of a cattle dog is that they work hard.  It seems this judge is keeping up with him.

Brisbane family lawyers featured in last Friday’s ‘The Australian’ with not only words, but also with commanding and friendly pictures.

Apparently the 14 judicial officers sitting in Brisbane are unable to meet the workload.  That may be so as matters proceed now.  There is an alternate school of thought which suggests there are more than enough Magistrates and Judges sitting in Brisbane.  This ’school’ says that the ‘docket’ system has led to a micromanagement of cases whereby Federal Magistrates spend too much time on administrative style directions and too little time making actual decisions.  The counter trend (if it is to occur) would be to leave it to solicitors to manage their cases and only bring them before a judicial officer for directions if necessary, or for a determination.  Fancy that - judges making decisions!

The candidates for 2011 accreditation have been ratified. A 36% pass rate is not dissimilar to previous results. Congratulations to the new accredited specialists.

The Fiji Times Online report that the Government is intending to amend “the Family Law Act to make it mandatory for children to physically and financially take care of their parents“.  This is a response to the third world country’s inadequate social security system. 

With Western governments struggling with their debt obligations, is Fiji showing the way?   What a revolution this would be.  I might start discussing the prospect with my children tonight.   I can already feel their obvious delight…

The government may need to legislate to deal with the growing problem of children who will not leave home!   This report in SMH.com.au records the desperation of parents trying to convince their 41 year old son to leave home. 

Could be a vote winner for Julia.

Or… maybe this issue doesn’t need government intervention, but a good old fashioned poster campaign….

Attorney-General Robert McClelland has announced that the government will introduce new measures to strengthen Australia’s laws that deal with international parental child abduction. Mr McClelland said the package of measures will include new criminal offences under the Family Law Act 1975, extending the coverage of existing offences, allowing the family law courts to stop child support payments for parents who have abducted their child overseas and new information gathering powers for courts to locate children abducted from Australia.

On average, two to three children are wrongfully removed from Australia or retained in another country every week by one of their parents, said Mr McClelland. Being forced to go through the experience of having your child taken away to another country is unimaginable for any parent.The new measures come as a result of recommendations made by the Family Law Council and should be introduced into parliament in early 2012.