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The words that a father speaks to his children in the privacy of home are not heard by the world, but, as in whispering-galleries, they are clearly heard at the end and by posterity. ~Jean Paul Richter

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Techie accused of kidnap bid on child gets instant bail PDF Print E-mail
Written by S Shyam Prasad   
Tuesday, 29 November 2011 13:15

Though mother-in-law filed a complaint, experts say it is not a crime for a father to meet his child

Shivakumara Arehalli, a techie, who was accused of trying to kidnap a two-year-old child from the City Railway station, surrendered before a city magistrate’s court on November 22. But it turned out that the child in question was his and the complainant his mother-in-law. The court immediately granted him bail.

A family court advocate said, “As per the Guardians and Wards Act, the father is the natural guardian of minor children. A case of kidnapping his own child does not arise unless there is a restraining order under the Domestic Violence Act. Otherwise, it is no crime for the father to meet his children.”
 

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Warring parents told to put children first PDF Print E-mail
Written by Shelley Hadfield   
Tuesday, 29 November 2011 13:11
FEUDING mums and dads turning to the law over petty parenting disputes have been told to lift their game.

The Herald Sun has uncovered bizarre cases arising in custody battles in the Family Court and Federal Magistrates Court.

They include a mum who was ordered to make her kids call their father "Dad", and a dad banned from taking his kids shooting.

Lawyers, Minister for Children Wendy Lovell and Child Safety Commissioner Bernie Geary said kids should come first.

"What's really sad is you have to have a stranger dictate to parents how to be parents," said Law Institute president Caroline Counsel.

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Fathers4Life PDF Print E-mail
Written by Fathers4Life   
Tuesday, 22 November 2011 12:19

All child care law relating to children being accommodated by the Local Authority comes under the Children Act 1989.

At the heart of the Children Act is a belief that:

  • The best place for children to be looked after is within their own homes.
  • The welfare of the child is the paramount consideration.
  • Parents should continue to be involved with their children and any legal proceedings that may concern them, and that legal proceedings should be unnecessary in most instances.
  • The welfare of children should be promoted by partnership between the family and the Local Authority.
  • Children should not be removed from their family, or contact terminated, unless it is absolutely necessary to do so.
  • The child's needs arising from race, culture, religion and language must be taken into account..
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Child custody plan to ease bitter divorce battle PDF Print E-mail
Written by Urs Geiser   
Tuesday, 22 November 2011 12:07

A government proposal to introduce joint parental responsibility for divorced couples has been widely welcomed.

However, the controversial issue of child support payments has been excluded and will be dealt with next year. It is now up to parliament to discuss the necessary legal amendments as part of an overhaul of the civil code.


“A first important step has been taken,” said Kathie Wiederkehr of the Foundation for the Protection of Children.
 
She is optimistic that parliament will accept the bill – bringing Switzerland in line with legislation in other European countries – as most political parties and pressure groups appear willing to end a long-running controversy.

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Child Interview and Opinion need not be final in custody cases PDF Print E-mail
Written by Indiankanoon   
Tuesday, 22 November 2011 12:02
Equivalent citations: AIR 2007 Kant 130, ILR 2008 KAR 650, 2007 (5) KarLJ 381
Author: H N Das
Bench: H N Das

ORDER

H.N. Nagamohan Das, J.

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 1-1-2005 in G & WC No. 61/2004 passed by the 6th Additional City Civil Judge, Bangalore City, allowing I.A. No. 1 filed under Order 39 Rules 1 and 2 CPC, I.A. No. 2 filed under Order 40 Rule 1 CPC, partly allowing I.A. No. 6 filed under Section 12 of the Guardians and Wards Act, disposing I.A. No. 5 filed under Section 12 of the Guardinas and Wards Act and rejecting I.A. No.3 filed under Section 12 of the Guardians and Wards Act.

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Comity, custody, and child welfare PDF Print E-mail
Written by Aarthi Rajan   
Friday, 18 November 2011 10:06

Once a child has been abducted to India, remedies are very few.”

This is an observation made by the Bureau of Consular Affairs, Department of State, United States of America, in the context of the legal position in India vis-à-vis international parental child abduction.

In a recent judgment of the Supreme Court of India delivered on May 13, 2011 in the case of Ruchi Majoo v. Sanjeev Majoo, 2011 6 SCALE 290, a two-judge bench consisting of Justices V.S. Sirpurkar and T.S. Thakur, held that in cases concerning the custody of a child removed by its parent from a foreign country to India, Indian courts can retain jurisdiction to consider and determine custody, notwithstanding that such removal of the child (from where the parties had set up the matrimonial home) may be in contravention of the orders of the foreign court. Thus, jurisdiction of Indian courts is not ousted in cross-border child custody cases that involve parties who are foreign citizens or where there are prior decrees by a foreign court on the issue of custody. The Court further held that since the interests and welfare of the child were paramount, custody orders issued by foreign courts are not to be taken as conclusive and binding, but only as one of the factors for consideration that would go into the making of a final decision by an Indian court.

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B.C.'s separation, child-custody law changes won't take effect for at least a year PDF Print E-mail
Written by Rob Shaw And Lindsay Kines   
Friday, 18 November 2011 10:00

Dramatic changes to B.C.'s separation and child-custody laws won't come into effect for more than a year, under legislation introduced Monday.

The provincial government officially unveiled its much-anticipated rewrite of the province's 33-year-old Family Relations Act. The bill, whose passage into law next week is all but assured, makes sweeping changes to provincial laws but won't take effect for between 12 and 18 months, Attorney-General Shirley Bond said.

"The heart of the bill is really that the child's interest will come first," said Bond. "While that sounds rather simplistic, it really is a profound shift in how cases and disputes will be looked at.

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A Stunning Family Betrayal: UK children to be denied right to see their divorced father PDF Print E-mail
Written by f4e   
Thursday, 10 November 2011 13:18

Fathers and grandparents will not be given any legal right to see children after a break-up, under the biggest changes to family law in the UK in a generation.

 In what was immediately denounced as a ‘betrayal’ of the family, a major report today rules against giving men shared or equal time with their children when a relationship ends. It suggests fathers will even be denied the legal right to maintain a ‘meaningful relationship’ with their families, as this ‘would do more harm than good’.

 The review also kicks into touch Coalition pledges to make it easier to maintain contact with grandchildren when parents separate, a problem that usually affects those on the father’s side.

The long-awaited Family Justice Review was branded a ‘monstrous sham’ that undermines David Cameron’s pledge to lead the most family-friendly government in history.

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The joys of parental equality PDF Print E-mail
Written by ISABEL CONWAY   
Thursday, 10 November 2011 13:13

Sweden’s system of parental leave means both parents can care for their children on a full-time basis, writes ISABEL CONWAY

IT WOULD have been unthinkable for Erik Wall to pass up the chance of becoming a full-time stay-at-home father, caring for his baby daughter and managing the household in his native Sweden, he says. The 33-year-old first-time father is availing of one of the world’s most equality-conscious parental leave systems – enabling parents to be off work for up to 480 days for each child, with a compulsory 60 days which each partner must take or lose all of the paid leave comparable to more than 80 per cent of their salaries while they are home.

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Parenting: Advice to consider when your kids don't like the new love in your life PDF Print E-mail
Written by KRYSTLE RUSSIN   
Wednesday, 09 November 2011 13:07

The biggest test when remarrying is how your fiancee will fit into your family. What happens when your children are unwilling to accept your new love?

"It is not always a matter of if the child likes or dislikes the new partner. Often it is the feelings that come along with this change that the children respond to," said Emily Ryan Smith, a social worker in Mobile, Ala.

"Children will have different emotional responses to family change based on the child's age, developmental stage and the presence of other life changes," she said. "Children often feel anxiety due to the uncertainty of the future. They may ask themselves, 'Where will we live? Will I have to share my room? Will I have to call him Dad? Where do I fit into this family?'"

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