protecting the best interest of a child
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After being in trapped in the court system whilst dealing with an exceptionally volatile divorce, i have reached the conclusion that the only way "this system" will work and how the act will actually protect our children is with change.
We desperately require the act to PROTECT and CARE for our children. The Children act 2005 is far to focused on the "rights" of a parent, which as in my case amongst many others fails to protect our kids. We want the term "the best interest of the child is paramount" to mean what it says. our children deserve this protection.
without a change in the "system" our kids will remain stuck and numbered as one of the thousands already listed. Accountability and decision making needs to change!
in essence we are all trying to raise the next generation- lets raise them with trust & belief that humankind is gentle, and that their lives & opinions matter most.
Without the financial backing, the parents & children are stuck. Litigation costs are unaffordable , often dragged out over many years, leaving the situation desperate.
this petition is NOT GENDER BASED. it is a plea for the law in south africa to see how its failing people in need,
So the change i foresee as critical are the following:
- "Best interest of child is paramount" needs to be defined and stated more clearly in the act so that the escape clause for referrals in courts, case management is accurate & indeed in the best interest of a child. Professionals need to be bound by the decision making they hand out- there needs to be a form of accountability.
- Mandatory Hair Shaft Drug testing. other forms are unreliable and often very easy to manipulate.
- Mandatory mental treatment & anger management needs to be implemented for either parent that is not mentally fit or a danger to oneself/ children. Stability for children is key.
- repetitive destructive or unstable behaviour (not limited to actions but also words) needs to be a paramount factor when deciding what 'rights" a parent will have with a child.
- Social workers & case management. the demand for neutrality and commitment to acting in the best interest of the child needs to be enforced. We need a regulated governing body that defines best practise and ensures that the irregularities are dealt with severely. it has become obviously apparent that the social workers and case managements view themselves as judge, jury & executioner. A monitored body needs to be implemented for these professionals which makes neutrality compulsive, failing to remain neutral has legal ramifications ass coated to it, such as imprisonment.
- Supervision of contact, how does this become transparent and affordable to manage. how does this type of confinement in contact actually benefit a child that is over a certain age, when perceptually they understand the situation is not normal?
- The age of a child voice needs to be determined as fact, the act does not cater for a specific child's age which leaves the law uninterpreted and abused.
- Police protection & intervention with domestic violence cases needs to be enforced. at present this protection is viewed as a privilege not as a constitutional right. In defense of the respondent- if the accusations made are false or malicious, the guilty party will be imprisoned. how does the law safe keep children that are stuck in one sided cases of domestic violence, if someone is classified as unstable or a danger, how can it be humanely possible to expect a child to endure a relationship of such sorts.what message is the legal system conveying to the younger generation?
- Maintenance needs to be linked solidly to the term "responsibility". the act says a parent has "rights of contact & care, rights of responsibility and guardianship". how is it seemingly possible if a parent defaults on their responsibility to pay maintenance they are afforded the opportunity to open numerous other cases against the other parent. the priorities of what a parent are need to be improved upon & then enforced.
- "rights, responsibilities, (contact & care) and guardianship" need to be viewed as a privilege not as an entitlement to either parent.
- Any form of abuse towards a child needs to be taken with the utmost severity. Parents denial for children's medical treatment is a crime in acrimonious cases. Again what is the relief, how do you sort out these types of emergency without urgent applications to high courts.
- the court systems are overloaded and often ineffective. how do we improve on the system- all cases that are malicious or false need to be convicted criminally. Stop the public from entering into legal conflict which is fictitious with applying a criminal offense.
- court admin officials need to be trained and monitored. A governing body needs to ensure that the applicants are treated with dignity and respect. as with he police force, the entitlement needs to stop. people in need need your help.
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