Not only is this in the best interest of the children but it’s also the law
With any case, big or small, the welfare of the child should always be in the forefront of your mind; whether you’re the parents, the lawyers or the media.
Australian media are prohibited from identifying anyone involved in Family Court proceedings. So, when the Courier Mail showed children involved in Family Court proceedings four times in one week, they were fined. It was determined that they put the story ahead of their legal obligation. Making the same breach four times, they were fined $30,000 per breach: for a total of $120,000.
Parenting disputes, the Hague convention and the Family Law Act
The case of the four Italian sisters who were ordered back to Italy with their father, illustrates why the media should respect—and adhere to—the Family Law Act. What should’ve happened behind closed doors and out of the public eye was turned into front page news.
The case is an example of the children’s needs being put before the parent. The judge dismissed an application by the mother to have the return order discharged, because many of her arguments were either invalid or not in the best interests of the children.
One argument made by the mother’s Counsel was that the original date for the daughters to return had passed. The judge rejected this argument because it would make a mockery of the Hague Convention; not to mention it would set a precedent for other parents to potentially delay a child’s return.
While many of the mother’s arguments revolved around the children saying they didn’t want to return to Italy, the evidence presented to the judge appeared to suggest it was mostly the mother who didn’t want the children to go.
The case of the four Italian sisters seemed to be more about the mother’s desire not to return to Italy and so for her children not to go: her children are said to have been okay with going back if their mother went back.
Keeping children out of the spotlight
Ongoing conflict can significantly hurt children in the long run. DA Family Lawyers works to help you find a solution sooner. How parents handle a break-up has an enormous effect on the way children cope with their lives. Working on an amicable solution with your ex-partner is worth the effort for you and for your children’s long-term well-being.
At DA Family Lawyers we can provide guidance to help you and your children recover from this hard time. To find out more please don’t hesitate to contact us on (07) 3106 3391.