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Legal Authority Warns: Family Lawyers are a Family Health Hazard

A number of important legal test cases are under way to challenge the State and Federal Governments’ claims that they have the legal power to regulate family life – beginning with the vexed issues of family violence allegations and false allegations.

The Victorian Magistrates (Family Violence) legislation and Victorian Police and Magistrates Court actions and orders enforcing those laws are unconstitutional because they violate section 109 of the Australian Constitution. The same can be said for State family violence legislation, State Police and State Court enforcement actions in every other State and Territory.

Family violence matters are wholly and exclusively matters of federal jurisdiction for the federal courts by virtue of the federal Family Law Act 1975 and section 109 of the Australian Constitution.

We can’t have State Courts running family violence matters because this doubles up with and interferes with and works against the federal Courts applying the federal laws and federal court procedures that address family violence issues. The result is failure of due process of law, double jeopardy and other human rights violations and injustices. These are the reasons that the Constitution (generally, and section 109 specifically) outlaws State Governments from making laws that double up with federal laws and federal jurisdictional processes.

Thousands of cases of false allegations of family violence are identified every year.

These sorts of false allegations are almost the rule rather than the exception in family law matters. The legal system encourages them. They are almost guaranteed to happen whenever a marriage breaks down and custody and family assets is at stake.

In family law cases it pays to get in first and make false allegations against your former spouse before your former spouse gets in and makes false allegations against you. Perjury laws are all but ignored by the courts. Even when the judge finds one of the parties has perjured themselves making false allegations it almost never proceeds as far as the person being charged or punished. The courts almost always go along with the first to make the allegations and treats the late runner as a copy-cat just making things up. But the first set of false allegations are usually the most callous, most calculated, and most false of the two.

Usually these false allegations are made for collateral reasons including for financial gain as well as manipulation, power or revenge. The most common scenario is where the biological mother, lawyer-ed up with government funded lawyers, cuts a biological father (and therefore all of the paternal side of the children’s extended family, grandparents, aunts and uncles, cousins, half-siblings) out of any future part in the childrens lives. Ever so occasionally, it is a lawyer-ed up biological father who (because he is cashed up beyond the reach of mum’s lawyers) is able to get in first and manipulate the system the other way round so that it is the biological mother who is squeezed out. Whichever parent is squeezed out of their children’s lives, the financial and emotional pain exceeds the worst tortures that our otherwise civilised society imposes on the worst criminals.

Usually it is the lawyer-ed up mother who raises allegations of physical and sexual violence against her formerly beloved spouse, so that she can move into a relationship with a new man with a better property settlement and weekly maintenance and social welfare payments than if the children lived equally with each of the parents like should happen under International laws such as the UN Declaration of The Rights of the Child.

Perhaps the reason the law is so dysfunctional is simply that the the State and Federal Governments have a perverse economic incentive to see the biological father squeezed out. This ensures that the governments extract the most taxes from the dad, the women extracts the most maintenance and child support from the dad, and therefore the woman’s social welfare costs to the State are minimised.

Whatever the reasons the reality is that most State governments direct disproportionately more legal aid funding to women and virtually no legal aid funding to the men. And in these situations it is the lawyer-ed up party who always emerges as the winner. But not much of a winner once the huge legal costs are deducted. The only winners in the family law system are the family lawyers, never the children and never their litigant parents.

The lawyers always emerge as the biggest winners. Sometimes they are the only winners, with both the former spouses left homeless and penniless. The lawyers win from the process, and win even more with the more delays they can create instead of producing any outcomes, and the lawyers win regardless of what those final outcomes are for the parties – often the only point of any final property settlement orders being made is to settle the monies to be handed over to the lawyers (mum’s lawyers and/or reimbursing mum’s government litigation funder).

These false allegations of family violence fuel a $45 Billion dollar per annum family law industry which turns over about 100,000 more divorce couples and their 300,000 children, every year. With every court case typically stretching out over 4 to 9 years, it’s the 30,000 family lawyers who mostly reap the financial benefits of this industry with large amounts of taxpayer funds to begin with and large amounts of divorce estate assets winding up in their pockets during and at ‘conclusion’ of the hostilities.

$40 Billion, the wealth of 100,000 newly divorcing couples (about $400,000 per family) is processed through Australian family lawyers offices and courts every year. Family assets are frozen (put into the effective control of the lawyers and law courts) years ahead of any trial. The trauma of separation, and painfully protracted legal processes lead to job losses, increased financial difficulties and fuels a huge part of the banking and financial industry with repossessions of family homes and cars, which wipes off about about 50% of this wealth ($20 Billion a year). Of the remaining two quarters, Australia’s 30,000 family lawyers take a quarter ($10 Billion a year, or $333,000 per family lawyer.)

But the 30,000 family lawyers also benefit another $33,000 each as their share of $1 Billion a year in State governments legal aid funding for family lawyers, giving them a typical annual income of $366,000.

This legal aid funding is so lucrative that in the UK the family law firms are collectively suing the UK legal aid fund (the UK Legal Services Commissioner) for proposing to cut in half the number of family lawyers eligible to receive this extra government funded income.

On top of this another crop of family lawyers, the judges, registrars, associates, para-legals, administrative officers, security and other support staff of the family courts benefit from $4 Billion of taxpayer funds spent by the federal government to fund the operation and upkeep of the family courts. This equates to $40,000 for each of the 100,000 newly divorcing couples that the family court system starts processing every year.

And each of those newly divorcing couples could do with a $40,000 piece of that $4 Billion.

Firstly, more than half of all divorces are triggered by financial problems.

Secondly, at the end of the family court process, once the repossesors have taken two quarters, and the family lawyers have taken their quarter and moved on to new clients, the divorced couple is left with the stark reality of having fought over only a quarter of the assets that they held prior to their divorce.

They still have the same number of children to raise and provide for, but one or both may have lost their jobs and/or be subsisting on welfare and they now have to fund (rent) two one-parent homes instead of the one (owned) two-parent family home that they used to share before the legal proceedings. A couple that had $400,000 prior to the divorce has now become two individuals beaten up by the legal system fighting over a share of the $100,000 left over to them after two quarters of their wealth has been taken by repossesors (and pumped back into the banking and lawyer economies, but that’s another story) and a third quarter taken by the lawyers actioning the case (mum’s lawyers and her government litigation funder). Hardly surprising that both mum and dad are fighting even harder over and each wants the biggest if not the whole slice of the last quarter, which is all that the system lets them keep.

No wonder divorcees (male and female) are left so bitter and ruined from the process. No wonder divorce proceedings are so bitter and easily inflamed, and delayed, to the financial benefit of the family lawyers controlling the situation. And no wonder that whole areas of suburbs are now springing up where divorced-single parents in two’s and threes are sharing rental accommodation. This is all that they can aspire to in the new financial order once the divorce proceedings are over. And they could not have imagined it (and their lawyers would not dream of telling them to expect it) at the beginning of the divorce process.

And no wonder there are frightening statistics on depression, crime, self-harm and suicide springing up amongst those who have been through the emotional and financial effects of the divorce process either as parents or as children and have been driven from reasonable prosperity to abject poverty in the process.

For example, statistics collected by the Dads on the Air from Child Support Agency data reveal that the number of “CSA clients” (non-custodial parents who pay child support) who have died for the 3 years since the Rudd-Gillard Government was elected stands at 12,493. The CSA-Death Toll for September 2010 alone was 448 deaths: equivalent to 15 deaths every day: http://dadsontheair.squarespace.com/csa/ [Note: these statistics were kept and published monthly from late 2007 up until late 2011, when they were abandonnd, and that webpage was “data cleansed” without explanation. See here for a grim reminder of what these now cleansed statistics used to expose.]

Parting couples are temporarily not at their best emotionally and judgement-wise. They are in the early stages of grief over separating and dealing with emotional concerns over the underlying reasons for the relationship breakdown. They know very little about lawyers or how lawyers operate. They probably have not had much to do with lawyers before. They are lambs to the slaughter.

It is hard to think of a more obvious group of consumers who are vulnerable and need consumer protection laws and advocates to protect themselves, their homes, their children, even their livelihoods and their lives from circling predators. And yet, as the statistics show, the laws leave them totally exposed and vulnerable to predators. It’s as if the predators are the protected species, not the weak and the vulnerable.

Whenever allegations of family violence are made in the context of a separation or a divorce, there should really be a presumption that the allegations are false. The accuser must be required to prove them ‘beyond reasonable doubt’ with substantial independent evidence. This is consistent with the concept that an accused (ex-spouse or parent) is “innocent until proven guilty.” And the hearing should proceed like any other criminal trial of violence charges – even including a right to a jury if the accused wants one.

But in practice these basic legal safeguards, these basic human rights, are never given to a man accused of family violence.

In the lax standards of these family courts and state family violence court hearings these allegations are regularly found even against biological dads of impeccable history and character. It is as if they are presumed guilty until they prove their innocence. And no amount of evidence is enough for an accused dad to prove his innocence even if he has demonstrated 4 decades of impeccable character.

Nobody condones violence in any of its forms. Not violence against family members. Not violence against strangers. Certainly not violence where children are the victims.

But it is a sad reality that the legal system, and all of its lawyers (policemen, solicitors, barristers and judges) treat men who actually commit violence against non-family members with much more dignity and respect for due processes and human rights than they show to honest, compassionate, decent hard-working family men in distress (and, occasionally, thoroughly decent, compassionate women in distress) who are falsely accused of violence against their own family members and loved ones.

James Johnson

Independent Federal Candidate for Lalor

This is a very  slightly re-touched version of a blog that I first published 15 October 2010. You can view (and obtain a “print-friendly” version of the original blog here.

If you “enjoyed” this piece, you may want to read some of my other writings on Australia’s crooked, corrupt, unconstitutional killer family law system, such as my blog entry for my stage play “The Crucible”.  You can download an A4 Theatre Promotional Flyer here. 

All of the script for “The Crucible” is taken directly off the court transcripts of a real life family law proceeding that took place in 2010 (the names of the family are changed to protect the innocent – and to comply with draconian Federal “no disclosure” suppression laws that serve to protect the “evil” more so than the innocent, by hiding the victims from public scrutiny and support).

“The Crucible” is in the process of being rewritten as a screen play, for filming and production later this year.

You might also “enjoy” reading my blog entry for my stage play “Soylent Green and Gold”, the second play in my series “The Lie of the Law”. You can download an A4 Theatre Promotional Flyer here.

“Soylent Green and Gold” which demonstrates to the world the extraordinarily corrupt lengths that the Australian Federal and State Governments are prepared to go.  The “unelected for life” governmen of our judicial benches are prepared to openly flout the Constitution, and their constitutional and judicial responsibilites.  So are the unelected (and mysteriously often hereditary) governmen (and governwomen) on the public service benches (the executive branch of government). And so do the “elected” governmen and goverwomen on our parliamentary benches, who are at the beck and call of their bureaucratic and judicial colleagues (who keep them re-elected), forsaking their primary government function of our elected parliaments – to protect us from the tyranny of unelected bureaucracy and unelected judiciary.  Why protect us when it is so much easier, lucrative,  and fun to join in on the tyranny (with no electoral downside because it is all kept off the public and media agendas).  

Our peak Australian governmen and governwomen are prepared to engage in and to “white card” gross violations of Australian citizen’s fundamental human rights, abandoning all pretence of constitutional, limited government or “rule of law” to prevent Australian citizens from having blatantly unconstitutional family violence legislation struck out for constitutional reasons.  

About JamesJohnsonCHR

Constitutional Human Rights Lawyer & Independent Federal Candidate for Lalor (Commonwealth of Australia). Advocating Smaller, Open Governments with Lower Taxes and Smaller, Faster, Better Bureaucracy. Also Advocating Justice & Politics Reforms. Defending Families & Civil Rights and Freedoms. http://www.jamesjohnson2020.com http://www.jamesjohnsonohr.weebly.com http://www.twitter.com/JamesJohnsonCHR I also blog at http://www.JamesJohnsonCHR.blogspot.com

Discussion

22 thoughts on “Legal Authority Warns: Family Lawyers are a Family Health Hazard

  1. At 60, 2 marriages down and having raised 4 steps and 4 of my own, I would offer the following advice. Don’t get married & don’t have children. I was spared the vitriol, savagery & financial consequences of the Family Court of Australia and managed to save myself from the Child Support Agency but I am very aware that most suffer terribly. By partnering and procreating, one brings oneself potentially into the jurisdiction of the above. Is it really worth it? Is it really worth ruining the one and only stab you have at life to be completely destroyed? I fear for my 4 daughters. I wouldn’t wish what I went through on anyone; 2 years under the duvet and a fair commitment to antidepressants. Being sacked from the workplace because my vulnerability was too easily seen by predatory bullying types; a loss of self-worth and a harrowing journey I never imagined I would take. I have recovered now. But it took 10 years.

    Posted by Camilla Fairweather | May 18, 2012, 12:54 am
  2. They don’t call it the Kangaroo Court for nothing. Family law is feminist law. The Family Court must be destroyed now.

    Posted by dad4justice | May 19, 2012, 5:13 am
  3. james it possible to speak to you on the phone about our high court case to declare de facto laws invalid by the high court. My email is Richard7632@hotmail.com

    Posted by Richard | July 24, 2012, 4:52 pm
  4. CAN we all get in the streets now let me know when and protest my son and I have been through too much I wrote a letter and sent it to all media some politicians and many others

    Posted by Emelia | September 1, 2012, 9:23 pm
    • Yes, most people are unaware of the injustice that goes on untill you find yourself in the system n then its too late.

      Posted by Granny | October 28, 2012, 11:37 am
      • Well its never too late if every person protests in the streets and have there voices heard so others know whats going on and wake up the GOVERNMENT that also doesnt know whats happening

        Posted by Emelia | October 28, 2012, 2:53 pm
  5. JAMES I sent you the email as well a few days ago

    Posted by Emelia | September 1, 2012, 9:24 pm
  6. Wow what a load of BS.

    Having been through family court, even when the father ADMITS to having been a perpetrator of domestic violence, when the father has been CONVICTED for domestic violence long before the marriage ends, even when the father admits and been convicted for violence against the child, the family court ignores this and actually says this is irrelevant.

    Declaring that repeat PROVEN violence against the mother is irrelevant to child custody, and a PROVEN incident of extreme violence against the child is irrelevant because it was only “once off” – ignoring that many of the PROVEN incidences of violence against the mother was because the father went to physically assault the child and the mother stepped in the way and took the beating meant for the child.

    At the beginning of my marriage, I brought in all the assets – my now exhusband brought nothing. I was the much higher income earner despite also being a full time student working towards being a doctor. I had to give up working when our daughter was born because a serious back injury my ex gave me while I was pregnant meant I could no longer work, and eventually I gave up my studies to be a doctor because despite him being unemployed, he wasn’t willing to look after our daughter even four hours a WEEK so I could finish my undergraduate degree, and there no chance of him looking after her full time while I finished my post grad medicine degree.

    When we seperated, he had spent all my super, had sold all my assets except my car, and he had left my car so damaged that after spending nearly $7000 to fix it, it still was unusable and had to be sold to a wrecker for $100. Over our 8 year marriage he had conned my parents out of $70,000 to pay for his drug habit, his fines for his many driving offenses and many criminal offenses related to drugs, theft, fraud etc. And he ran up a massive credit card debt in my name early in our marriage and would take all my pay so I couldn’t pay it off – most of the debt he ran up was by stealing my card out of my purse, getting cash advances to buy drugs, and then hiding the statements from me for months. I could have had him charged with theft when he did – but I loved him and the thought never crossed my mind. When lawyers eventually suggested I do so, 1. I refused to, and 2. was told police couldn’t charge him because it was a few years in the past.

    He took everything of value when we seperated (expensive dvds, games consoles he’d bought with my money etc) and I was left with nothing but debts. The injuries he gave me and the fact I gave up a career as a doctor because of the injuries he gave me, meant I was eligible to seek spousal maintenance in addition to child support, but he wouldn’t even pay child support.

    So don’t ever tell me women make false claims of abuse to get ahead in family court and financial settlements. As a genuine victim of severe violence that was PROVEN, family court said it was irrelevant, and it was never even an issue raised in financial settlements.

    Quite simply, he stripped me and my family dry of every single thing we owned – he conned my parents out of their life savings gradually over 8 years to pay for his drug habit. I worked hard during our marriage til I was too physically broken by him to work anymore and he took every cent I made and spent it on drugs and prostitutes while running up massive debts in my name.

    And then had the audacity despite working full time for around half the time since we’ve seperated, during the times he was working, refusing to pay ANY child support, even the bare minimum. Our daughter is special needs and I used to have to go without food some days and without desperately needed medical treatment ALL the time just so I could pay for her medical needs, while he’d spend many hundreds every week on drugs alone.

    So don’t tell me women make false allegations in court to get ahead – because it doesn’t work. Even genuine proven domestic violence is considered irrelevant in family court and divorce court.

    And while my ex will try and tell people I fought him in court to save our daughter from his abuse because I “hated” him and was trying to get back at him for cheating on me – he will five minutes later claim that I still love him and want to get back with him. The man is genuinely mentally ill and delusional. The truth is actually neither. And he knows the truth when he’s not messed up on drugs and mentally ill psychotic – and that is I don’t hate him and I don’t love him in that way – that I love him as a human being, and that I love all human beings and will always do my best to respect and care for them. Despite everything he put us through, my daughter and are the only ones who truly give a rats what happens to him – not his leeching money hungry mistresses, not his druggie friends who leech off him for free drugs, not his family who long ago gave up on him.

    But I don’t love him in a romantic way. The day the divorce was granted, ended any feelings of that. But I don’t hate him. He is no different from my own biological family – they treat me like crap, I love them anyway. I don’t like what they do or what sort of people they are, but I love them as human beings and are always there for them when they need.

    Unfortunately family courts don’t see it that way. They think women are just making up abuse and hate their exes. They laugh at you if you say you care about them as human beings and no more, but that they abused you terribly and only want them to have supervised access to the kids until they go back on their psych meds, get off drugs and get violence counsellling.

    So don’t pretend that false allegations get taken seriously – even genuine ones don’t.

    Posted by J | September 16, 2012, 6:16 am
  7. I can fully understand your journey through all the trauma. In reality there are some females who will lie, make false allegations, falsify documents and deliberatley play the game when they know how the system works as they have contacts in the social framework and within the police force.This particular mother put in affidavits what is required to win in a family law case.I was recently involved in a case , there were no drugs , no achohol, no affairs and no violence but the wife continnued on her path to win the game and put her children in the middle and used them as weapons making the most horendous allegations ,all unproven but still the father and his family have to live with the consequences at a cost of $100,000.00 to date and not finished yet.No one should have to go through the family law court system, it`s good for the economy, the lawers get rich it is a profitable business for all involved in running the system, the children , especially the children are robbed of there future, emotionally and financialy, deprived of there childhood all because one parent in this case would not agree to an arrangement for the children and their future. because they want it all the kids the house and all the benifits they can get and complain they have to bring up the kids on their own and they are still not happy.Almost everyone involved except for the family evaluation has ever seen the children do not know them and would have no idea what is best for them and yet their future is in the hands of these so called experts who supposedly know what is best. I get the impression that they really don`t care and just think if two parents can`t agree then the system then will just take your money and take your rights away. No wonder men just walk away destroyed and then mothers scream he left me and does`nt care about his children and continue to bag out the father whilst they live off the system.

    Posted by Granny | October 27, 2012, 5:39 pm
    • YES all true my son is experiencing now its a crime against the children

      Posted by Emelia | October 28, 2012, 9:42 am
      • Grandparents don`t have much say in the matter and if we get too involved it came make matters worse in high conlflict cases at this point we can only support our familes and our grandchildren or the offending parent will direct there attack on you. Lives and relationships get destroyed. If we could all have lawyers like James we might have a chance of a fair outcome for all.

        Posted by Granny | October 28, 2012, 11:26 am
      • Granny try to find a better lawyer to represent you. In the cases I’ve known personally, the grandparents had more rights than the parents. Even if they had violently assaulted the parent in front of the child, the parents were told that since the grandparent didn’t assault the child themselves, it has no bearing on the grandparent getting visitation and that a grandparent is entitled to every second weekend and one weekday overnight every weekend. The situation I’m trapped in with my parents. My parents are extremely violent people – and both my ex and I were opposed to them having my daughter, and yet this meant nothing – the magistrate told us that grandparents have rights and that they were entitled to visitation.

        If you can’t get time with your grandchildren, you need a better lawyer and to ask for a different magistrate.

        Posted by J | October 29, 2012, 4:35 am
  8. i have experienced not seeing my daughter for 4 years now, she was placed in her fathers care after he lied about his abuse blamed the police for his charges and dhs documents showing his assualts on children was not available for court as legal aid has limited funds , men are not the only ones suffering ,real abuse is happening as the court chooses to reside with the best liar. put purgery in family court number one offence and then the children may have a chance. men women and even grand parents all lie to get what they want. but the cost to go to court is a form of abuse. violent men use the system as a form of abuse.

    Posted by karen | October 28, 2012, 10:06 am
    • Very few are informed how the family law court operates, if parents can`t agree, there is mediation except in the case of allegations by one party then if you want to see your children you have to go to court and generally are not prepared for what is to come.You would expect your Lawyer would inform you and act in your`s and your children`s best interest but this is not the case they will just take your money if you have any or take all the legal aid available and lie to you just like your ex and play the game. I think all cases should go to mediation first to assess the situation and if there is no proof of allegations then proceed with futher meditation otherwise like you said the best liar wins.Narcastic personalities are very clever at fabricating evidence and getting whoever to believe their stories between them and their narcastic lawyers and barristers,manipulating the system, they win.As far as I can tell nobody cares about the children and the long term effects on them and the parent who is gennuine is the one that loses out and the children. The damage done to children will affect them for life. How is that some lie there way through this process and getaway with it and are never held accountable when all involved know this goes on everyday in the Family Law Court .When will the system change and how long will it take? too late for many.

      Posted by Granny | October 28, 2012, 11:17 am
    • My heart goes out to you and all who are victims of the family law court system.

      Posted by Granny | October 28, 2012, 4:23 pm
  9. My son just got a letter from LEGAL AID saying he cant be represented after all the explanation bank statements forms filling waiting they said he can appeal and I as a grandma after interviews emails waiting phone calls I was told no mediation can be done between myself and the woman who has caused so much problems since her 2 yrs in AUSTRALIA I was sent a certificate to take to legal aid its all too stressful for myself and my son we don’t know what to do Its a crime against HUMANITY and the 8 months old child who seems to be getting all she wants free legal aid when she was the one that was causing the problems and she is here on a VISA incredible .

    Posted by Emelia | November 9, 2012, 5:09 pm
  10. I had enough with these BARBARIC LAWS Something needs to be done now

    Posted by Emelia | November 9, 2012, 5:16 pm
  11. When will those who all in all probability make vexatious claims and allegations of an horrendous nature against their spouses all for financial gain.Untill they are held accountable nothing will change. Have them charged and watch the allegation figures drop.

    Posted by whynotgranny | October 22, 2013, 6:41 pm
  12. THANK YOU SHARED

    Date: Thu, 28 Nov 2013 04:31:52 +0000 To: dancerfire@hotmail.com

    Posted by Moon Stars | November 28, 2013, 3:26 pm

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