Friday, July 17, 2009

Family law - Destroyed By a Crazy System


Family Court cases protects people who make false accusations of Violence because of the Secrecy Surrounding these cases. The family law act shields bias, negligence and incompetence in the system and people are able to make false allegations without the threat of defamation or the burden of proof that is required in other courts. These types of allegations are being used to advantage in family law proceedings.

A Case has emerged of a father who was wrongly accused of sexual abuse and has lost his job, his home and a lot of money to clear his name. A Magistrate finally dismissed the charges against him and described his wife as a "difficult and Untruthful Witness", who gave self-serving Evidence. The Father has not seen his children since Christmas because his wife refuses to allow him access to his children despite a family Law order allowing the father access. He has lost everything but has finally been proven innocent of the false allegations made against him. There is something definitely wrong with the system when a man is arrested, fingerprinted and charged on evidence that was absolutely flawed. His life has been destroyed by the System.

Father's groups are alarmed by the appointment of a retired family Court Judge because he has been openly critical of shared parenting laws. There is concern that Richard Chisholm will recommend the ending of this Controversial Legislation, to satisfy radical feminists and groups who want to change the laws. It is feared Richard Chisholm will give these Extreme groups the result they're after; there is also a fear that this would lead to an increase in fathers committing Suicide.

This review by the Federal Government follows an outcry, mostly by women that shared parenting has resulted in the family court ordering children to spend time with Violent Fathers, or should we say Alleged Violent Fathers.

We now have a legal System in Victoria where men are assumed to be guilty unless they can prove themselves innocent. It doesn't matter that the accuser may be a completely unreliable witness; this was the situation that Theo Theophanous found himself in. It ultimately destroyed his political Career, despite the charge of Rape being dropped, all it took was somebody to point the finger firmly at him, and it was assumed he was guilty, simply because somebody made an accusation.

Many Intervention Orders are granted purely because of the Gender Politics which have become part of Victoria's Legal System. The Magistrates Courts issue Intervention orders because somebody makes an allegation even though there has been no investigation by Police into the complaint. There is this pointing finger situation that may have no basis whatsoever, but the Magistrates grant these orders simply because it is assumed you are guilty of the allegations if you are a male, it also speeds up the court process, as one Magistrate commented he didn't want to become bogged down in a contested hearing. It's very easy for a defendant to be destroyed by this Crazy System. It's called "Sausage Machine Justice".

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