Tuesday, 24 March 2009

Better to settle to end up with equal time, than go to court: Family Court review

A Family Court review, according to the Australian, shows children were to live with their dads in 17 per cent of litigated cases, but only in 8 per cent of those settled by consent.
The first review of the 2006 changes to the Family Law Act shows that in 14 per cent of litigated cases, the children lived with their dads in 30 to 45 per cent of cases. This figure fell to 11 per cent for early agreements.
The review shows that, if fathers are given less than 30 per cent time, abuse and violence are the main reasons. About one in 12 court cases end with an order that a child should spend time with their grandparents.
15 per cent of the litigated cases and 19 per cent of the consent orders ended in orders for 50-50 care.

1 comment:

james said...

Lets have a more accurate bunch of statistics that account for the factors of the type of legal representation each party has and the access to funds to pay for legal representation each party has. The bigger the bully, the bigger the bill the more likely you are to win. Case in point - father demonstrates with evidence he is the primary carer, mother just claims same. Mother claims domestic violence produces no evidence, no witnesses, no medical, no police nothing - Expert report finds no evidence of any domestic violence. Expert recommends shared care 50/50. ICL recommends the same. Judge agrees father is 'substantially involved with the day to day care of the child' but says child should live with mother. The difference: the influence, not argument, not the evidence - of one hignly paid, highly popular, well connected SC.