Dads who fight win favour in custody cases
FATHERS who want custody of their children will have Read More ..ccess in the Family Court than by trying to strike a deal with their ex-partners.
The Australian, Australia's national daily newspaper, By Michael Pelly, March 24, 2009
In a break with conventional wisdom, fathers are twice as likely to get majority custody of their children if they take their fight to the court.
A Family Court review shows fathers were given majority custody in 17 per cent of litigated cases, but only in 8 per cent of those settled by consent, or early agreement, with the mothers.
The review of the shared parental responsibility reforms of 2006 shows that in 14 per cent of litigated cases, the father received between 30 and 45 per cent of custody. This figure fell to 11 per cent for early agreements.
The review shows that, if fathers are given less than 30 per cent custody, abuse and violence are the main reasons. And about one in 12 court cases end with an order that a child should spend time with their grandparents.
The reforms, passed by the Howard government, introduced a rebuttable presumption of "equal time" parenting and were aimed at promoting co-operation over conflict.
However, only 15 per cent of the litigated cases and 19 per cent of the consent agreements ended in orders for 50-50 care between the parents.
The biggest group was mothers who were awarded the majority of time with their children -- they represented 60 per cent of the litigated cases and 68 per cent of consent cases.
The survey assessed 1448 of the 6992 litigated cases in 2007-08, and 2719 of 10,575 cases settled by consent or early agreement.
The biggest group of men (33per cent) were those awarded less than 30 per cent custody. Abuse and family violence was the main reason in 29 per cent of these matters, followed by entrenched conflict (15 per cent).
Of the 9 per cent of cases in which women were awarded less than 30 per cent custody, mental health was the dominant factor in 31 per cent of cases followed by distance and financial barriers (16per cent) and abuse and family violence (16 per cent).
Substance abuse was cited as a main reason for the Family Court making sub-30 per cent orders, with 4per cent of the fathers were and 7 per cent of mothers.
In 6 per cent of litigated cases, the father was ordered to spend no time with their child. The same order applied to only 1 per cent of women.
The information, which was posted on the Family Court's website yesterday, came with a warning that the court considers only the most serious cases, with the remainder being handled by the Federal Magistrates Court.
When the Coalition passed the Family Law Amendment Act (Shared Parental Responsibility Act), it established 60 Family Relationship Centres around Australia as a first stop for couples in conflict.
"The aim was to encourage parents to consider, where appropriate, reaching an agreement regarding parenting arrangements in the first instance themselves rather than having the court as a first option," the court said yesterday.
"Given this, it is to be expected that there might be a higher number of shared care or substantial sharing of time cases negotiated outside the courts."
The figures show grandparents have been a beneficiary of the reforms, which specifically said their access rights were to be considered.
An estimated 560 cases -- or 8per cent of the litigated cases -- end with orders containing provision for time with grandparents. The figure fell to 2 per cent for consent agreements.
A spokeswoman for the Family Court said the statistics should not be compared with pre-2006 data because of the changes in legislation and the way the information was collected.
The court is working with the Australian Institute of Family Studies on cases that were decided before 2006 and can be compared with matters decided under the new legislation.
Paternity fraud: Is it or should it be a criminal offence under the Criminal Code of Canada?
You be the judge. Read More ..
UK National Survey
Scotland's National Newspaper
96% of women are liars, honest
5,000 women polled
Half the women said that if they became pregnant by another man but wanted to stay with their partner, they would lie about the baby's real father.
Forty-two per cent would lie about contraception in order to get pregnant, no matter the wishes of their partner.
Infidelity--It may be in our genes. Our Cheating Hearts
Devotion and betrayal, marriage and divorce: how evolution shaped human love.
South Korean Husband Wins Paternity Fraud Lawsuit
Associated Press, USA
June 1, 2004
South Korean husband successfully sues wife for Paternity Fraud and gets marriage annulled. Wins $42,380 in compensation
Paternity Fraud Philippines
DNA test confirms fraud, annulment granted: judge
The Visayan Daily Star, Bacolod City, Philippines, BY CARLA GOMEZ, February 28, 2009
Bacolod Regional Trial Court Judge Ray Alan Drilon has annulled the marriage of a Negrense couple after a DNA test showed that the child borne by the wife was not the biological offspring of the husband who works abroad.
The family court judge ruled that the marriage of the couple, whose names are being withheld by the DAILY STAR on the request of the court, was null and void.
Due to fraud committed by the wife in getting her overseas worker husband to marry her, properties acquired during their marriage are awarded in favor of the husband, the judge said in his decision, a copy of which was furnished the DAILY STAR yesterday.
The judge also declared that since the overseas worker is not the biological, much less the legitimate father of the child of the woman, the Civil Registrar is ordered to change the surname of the child to the mother's maiden name and remove the name of the plaintiff as father of the child.
The complainant said he was working as an electronics engineer in the United Arab Emirates and on his return to the Philippines in 2001, his girlfriend of 10 years with whom he had sex, showed him a pregnancy test result showing that she was pregnant.
On receiving the news he was overjoyed and offered to marry her. Shortly after he went to Saudi Arabia to work, and his wife gave birth to a baby girl in the same year.
The birth of the child only five months after their marriage puzzled him but his wife told him that the baby was born prematurely, so he believed her, the husband said. Read More ..
Adulterous woman ordered to pay husband £177,000 in 'moral damages'
The Daily Mail, UK
18th February 2009
An adulterous Spanish woman who conceived three children with her lover has been ordered to pay £177,000 in 'moral damages' to her husband.
The cuckolded man had believed that the three children were his until a DNA test eventually proved they were fathered by another man.
The husband, who along with the other man cannot be named for legal reasons to protect the children's identities, suspected his second wife may have been unfaithful in 2001.
Infidelity 'is natural'
BBC, U.K., September 25, 1998
Females 'stray to gather the best possible genes for their offspring'
Infidelity may be natural according to studies that show nine out of 10 mammals and birds that mate for life are unfaithful.
Experts found animals that fool around are only following the urges of biology.
New studies using genetic testing techniques show that even the most apparently devoted of partners often go in search of the sexual company of strangers.
Females stray to gather the best possible genes for their offspring, while males are driven to father as many and as often as possible.
"True monogamy actually is rare," said Stephen T Emlen, an expert on evolutionary behaviour at Cornell University.
"We must vigilantly stand on guard within our own borders for human rights and fundamental freedoms which are our proud heritage......we cannot take for granted the continuance and maintenance of those rights and freedoms."