Published: Thursday, November 27, 2008
Attorney-General Chris Bentley proposes is to give the courts
the right to impose a restraining order which "will be
accessible in an emergency from a family judge without the other
party being there." The court then has the further right to
Let us say,
for argument's sake, that a mother seeks to divorce her husband
and gain sole custody of, and access to, the children of the
marriage. Mr. Bentley has now opened a new door to facilitate
this, irrespective of the best interests of the children. All
the mother need do is fabricate a spurious charge against her
husband, appear before a judge without the husband even being
notified and obtain a restraining order.
being not even aware of the order, may now no longer see his
children; if he does, he faces criminal conviction on a charge
he did not even know existed. Under the proposed new
regulations, not only is it the case that interim custody (to
the mother) will determine final custody 90% of the time, as is
the current status, but the father will now have to sign a sworn
statement declaring his criminal conviction if he is to be
allowed to have any access to his children.
Obviously, admission of such criminality will assure his lack of custody or access to his children.
proposal will do more to protect vindictive spouses than