Should a Magistrate make decision about your children

As we are writing a summary of the Australian Family Law in German we are combing through cases, legislation and research. It was this start of a decision that twigged our interest.

Dr Brent Waters, the Part 15 single joint expert in this matter, who said in cross-examination “So we’re really talking about a damage minimisation exercise, rather than something that’s going to be a perfect solution” (transcript 2 September 2009, p.29, lines 9-10). Were the determination of this case akin to a mere theoretical exercise, a scientific experiment, or a mathematical equation, then something less than a perfect solution might not matter. But this case is about 2 children, [X] age 12, and [Y] age 5. This case is about important aspects of their lives. And the solutions found by the court are far from perfect.


What a sad state of affairs for children who are dragged into the Family Court jurisdiction. 

We have not read the entire case yet, but will do so and share other information with you. In the meantime you can read the case yourself by following the link:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FMCAfam/2010/14.html?stem=0&synonyms=0&query=Goode%20and%20Goode

In case the link does not work it can be found in austlii:

Goode & Goode  [2010] FMCAfam 14 (15 January 2010)

The above statement by an eminent psychiatrist should give food for thought to anyone contemplating going to court over a dispute involving the children. A far better way to sort out the difficulties, whatever they are (unless it is violence), would be mediation and the assistance of counsellors/psychologists. Why is it we wonder that people think the law is the answer and preferable over alternative options? The law is such a blunt instrument, which cannot cater for children.

Some food for thought.