Wednesday, April 1, 2009

Family Court and Values

I have two comments I’d like to make, the first being the Family Court in Australia which is based on very recent and personal experience and the second is really an example of our nation’s values and one of its obvious recent shifts. We must accept that every decision made by a judge is subjective and based on their own values; I refuse to believe judges strip themselves of a lifetimes conditioning by slipping on a robe. In no other profession are we asked to dismiss our values prior to work, in fact they are what an employer looks for; will you fit the ‘corporate culture’? Our values are learnt and not innate hence my very expensive case which has financially ruined me fell apart on the trial day because my female barrister said, "He's conservative so we need to negotiate." In other words after all the money, examinations and humiliation it all came down to the values of the judge not the weight of the evidence. Secondly, last year during a teacher student goal setting session a young girl said to me the only thing she wants in life is a family and to bring up children. I told her that although there is no greater reward in life than being a parent, it just doesn't fit into the 'BOX' because unfortunately we don't recognise parenting as a legitimate occupation; it simply doesn't fit the label of career/employment as reflected by Centrelink and Legislation based on ‘values’.

In addition to my former comment, I would add that the party with the deepest pockets will always win; I suppose this is true for anything in life and to think otherwise is naïve. At one of my many hearings a barrister said at law school the Family Law lecturer said, “Family law is all about the children; mine go overseas every year, go to the best school, live in a beautiful home and wear designer clothes.” Mine must now go without while hers live the high life on my labours! But, more importantly let’s try not to forget the kids; I would gladly do anything possible if I could spend more time with my children. I sacrificed financial security for poverty while my ex-wife and her partner used their combined financial muscle to wear me down to the point where I simply ran out of funds. I was advised I may qualify for legal aid and my lawyer said that was fine but I would need to settle my account with them before they ‘can’ release my file. I hate clichés but I was stuck between a rock and a hard place and am now the property of a law firm.

Rusty
(Russell Blore)

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