Too Many Children Rarely See Their Fathers – and Then Only Briefly

A sad statistic admitted in Australia.

Ten percent of children whose parents have split up never see their fathers a year after the breakup.

And another.

Twenty-five percent of the children that do see their fathers have only daytime visits, without overnights.

These Australian fathers generally have the least contact with their babies and toddlers under two years of age – and their older teens.

It is not clear that most Australian fathers understand their rights under the child custody agreements or child visitation orders applicable to them, let alone the law that should guide the entered child custody agreements and/or child visitation orders.

It is also unclear whether these fathers’ limited contact with their children is in compliance with child timesharing orders and timesharing agreements or the result of the other parents’ arbitrary withholding of their visitation or interference with their timesharing.

It should be noted that families in which allegations of domestic violence have been made may be overrepresented in the population to which these sad statistics apply.

Researchers attribute the limited contact to significant conflict in the family, as well as distance.

At the same time, Australian researchers also conclude that young children do better residing in one primary residence with one primary caregiver, and having only limited visitation with the other parent.

Nonetheless, the current government of Australia is reportedly working on improving fathers’ access to and contact with their children.

Read more in this Sydney Morning Herald article: Many children still do not see their fathers.

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StepFather Faces Fifteen Years’ Imprisonment for Three Hundred Fifty Counts of Sexual Offenses Against His Children and StepChild Over Twenty Years

Stepfather in Germany lives with Wife and fifteen children.

Four of the children are Stepfather’s stepchildren from a prior marriage of Wife’s.

Four of the children are Wife’s and Stepfather’s together.

Seven of the children are children of Stepfather’s stepdaughter and … Stepfather’s. As confirmed by DNA testing.

Stepfather allegedly regularly raped his Stepdaughter and two of his own children for twenty years.

Stepfather also reportedly prostituted his own daughter and his stepdaughter for money.

Stepfather is also accused of nonsexual domestic violence against members of his family.

Stepfather is charged with 350 separate counts of sexual offenses against his children and stepchildren, and roughly 35 counts related to prostitution.

If convicted of the 350 plus separate transgressions over a twenty year period, Stepfather faces up to fifteen years’ imprisonment.

Read more in this GlobalPost article: Germany’s Detlef S accused of sexual horrors against his children (VIDEO) and this Discount Vouchers News article: Man accused of 20 years of child abuse.

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Premarital Business Owners and Prenups

Forty-plus Girlfriend and Boyfriend get engaged to be married. It is the first marriage for both.

Girlfriend owns a business and has an investment portfolio. Boyfriend has significantly less assets than Girlfriend.

Girlfriend’s friends advise her to enter a prenuptial agreement, also known as a prenup, with Boyfriend.

Girlfriend wonders whether her friends are correct and she should have a prenup. Secondarily, she wonders how to broach the subject with Boyfriend.

Where either intended spouse owns a business prior to marriage, they should definitely consider a premarital agreement.

Experience teaches that you can never go wrong planning for and expecting the best … but preparing for the worst. Both from a business standpoint and personally, having a prenuptial agreement just makes good sense for a small business owner.

In the event a marriage doesn’t work out, a prenup will save both spouses money, time and heartache.

Without a prenup, a contentious divorce (sometimes even one that is not so contentious) can paralyze a business, erode its value, and even kill it.

In a nutshell, an antenuptial agreement can mean the difference between an uncontested divorce and a contentious divorce.

If someone must go through a divorce, an uncontested divorce is surely
preferable to a contentious one.

As for broaching the subject, spouses must be able to discuss everything with each other. A prenup is just one of those kinds of things.

Read more in this [MI] Observer and Eccentric article: Prenuptial agreement is always a good idea.

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Proposed Legislation Focuses on Fault’s Role in the Economics of Divorce

Under current Utah law, no-fault divorce is available. And in such a divorce, fault is not a factor in determining alimony.

Proposed legislation is pending in Utah to modify this approach.

The bill would allow a judge to consider whether a stay-at-home, custodial parent was at fault in the divorce and, if not, award additional alimony toward the goal that they remain stay-at-home parents after the divorce.

Paradoxically, a different bill pending in Utah seeks to phase out permanent or long term (greater than five years) alimony. This mirrors debates and shifts in law playing out across the nation.

The role of fault in alimony and / or property division in no-fault divorce states such as Florida can be confusing. Some believe fault should be irrelevant.

Others believe that courts should be permitted to consider fault. Still others believe that economic fault alone should be considered.

Here in Florida, although divorce itself is granted without consideration of fault, the court may consider fault in both alimony or spousal support awards and in property division or equitable distribution. However, in practice, fault rarely comes into play unless the fault is economic in nature or the fault imposes an economic impact on the other spouse.

Read more in this [Salt Lake City] Desert News article: Bills would allow Utah judges to consider fault when awarding alimony.

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Court Awards Wife More Than Half of Husband’s Premarital Legal Recovery for Personal Injuries Suffered by Husband

UK Husband is injured in car accident and his leg is amputated.

Husband receives a substantial legal recovery due to the accident.

Husband and Wife later meet and marry. They have two children.

Husband and Wife decide to divorce. Wife seeks half of Husband’s legal recovery.

UK court awards Wife more than half of Husband’s legal recovery.

In light of the Court’s awards, Husband reportedly will have to sell his disabled-friendly home to move away from his children to a less expensive area.

Husband may appeal.

This ruling seems questionable in several respects were Florida law applicable.

Read more in this [UK] Daily Mirror article: Amputee has to give more than half his crash compo to wife in divorce.

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Legislators Considering Mandatory Marriage Counseling and One Year Wait Before Divorce Can Be Finalized

Husband and Wife are unhappy.

They decide to get a divorce.

Wife files first. Or Husband does.

They agree on everything, making theirs an uncontested divorce.

They’d both like to get it over with quickly, but …

They have to wait a year – and attend state-mandated marriage counseling.

This is the scenario some North Dakota Republicans are looking to legislate in North Dakota. To lower the divorce rate.

There would be an exception for victims of domestic violence, where allegations are substantiated.

Some North Dakotans think this scheme sounds heavy handed and oppressive.

Read more in this WDAY News 6 970 AM news article: ND Bill would require mandatory marriage counseling for those seeking a divorce.

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Netherlands Court Orders Return of Australian Boy to Australia With Father Under Hague Convention on Civil Aspects of International Child Abduction

Mother, Father and Son live in Australia.

Mother removes Son from Australia, to an unknown location.

In search of Son, Father undertakes an expedition bicycling throughout Europe, wearing a T-Shirt bearing Son’s photograph. Father cycles through the UK, Belgium, Luxembourg, France and Germany, as well as other countries.

Father locates now six year old Son in Amsterdam.

Three years after Son went missing, a Dutch court grants permission for Father to return Son to Australia under the Hague Convention on the Civil Aspects of International Child Abduction.

Mother is arrested in the Netherlands, where she is opposing extradition to Australia.

Read more in this 9 MSN News article: Aussie father and son’s happy ending and this New Zealand Herald article: Dad’s quest ends as son returns home.

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Husband Beats the Child Support System … for Over Fifteen Years

Husband and Wife divorce in New York in 1993. They have four Children together

Husband is court-ordered to pay child support.

Wife and Children move to Connecticut. Husband moves around from state to state as well.

Husband allegedly has not made a single child support payment in all these years, other than very small amounts garnished from wages and intercepted tax refunds.

Husband’s arrears reportedly come to $175,000.

Husband is indicted for nonsupport, which carries a maximum sentence of two years and a maximum fine of $250,000 … on top of back sulpport.

Read more in this Trumbull [CT] Patch article: Trumbull Man Allegedly Owes $175,000 in Child Support.

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Are TV Game Show Prizes Marital?

Canadian Husband and Wife have their ups and downs.

Wife files for divorce in March of 2008, but the couple reconcile.

In 2009, Husband, who does well playing a TV game show at home, tries out to appear on the show – after Wife applies for him.

Husband is accepted on the show.

The couple travel together to California in October 2009 for Husband to appear on the show.

And Husband wins. $51,600.

A pretty good chunk of change for the couple, being a school teacher and a part-time longshoreman.

After Husband’s victory, Wife again takes up her divorce case.

Now, Wife asserts a claim to half of the game show winnings as marital property.

Husband maintains that the entire pot should go to him alone, since Wife had filed for divorce before his game show appearance. Husband also suggests that the prize money is not “income” or “earnings” as contemplated by (Canadian) divorce law.

To protect her interests, Wife asks the court to order that the entire prize be deposited into a special account until the couple agrees what happens to it or the court enters an order on the subject.

A year later, the battle drags on.

Trial, and a ruling on the pot, approaches.

Generally, under Florida divorce law, the date of filing of the petition for divorce is the cut-off date for purposes of determining whether property acquired by either or both spouses is marital or nonmarital. But, where, as here, an open divorce case is not active and the couple resumes the marital relationship in all respects, it tends to negate the breakdown of the marriage legally required for a divorce under Florida divorce law.

Timing is everything.

Read more in this [Vancouver, WA] Columbian article: ‘Wheel of Fortune’ jackpot at heart of divorce battle.

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Father Allegedly Tries to Destroy Unborn Baby to Avoid Child Support

Louisiana Mother gets pregnant with Father’s Child.

Father knows that he will have to pay child support for Child.

Father allegedly beats Mother about the belly.

Father’s reported goal is to destroy the unborn baby … to avoid child support.

Father is charged with attempted feticide and other charges.

Father prepares to enter a plea agreement.

The criminal court fines Father $300.

Then all charges against Father are dropped, with Mother’s blessing.

This is not Father’s first arrest on domestic battery.

Read more in this [Abbeville, LA] Vermilion Today article: Charges dropped against Eunice man accused of attempted feticide.

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