Dear K L Lehmann,
I wish to appeal against the decision on 10 May 1999 to refuse legal
aid
for Contact and Residence for my children.
Grounds of appeal
1/ Section
43(d) of the Family Law Act states that,
"the Family Court shall, in the
exercise of its jurisdiction under this Act, have
regard to: the means available
for assisting parties to a marriage to consider
reconciliation or the improvement
of their relationship to each other and to
their children."
2/ Section
60B. (2) of the Family Law Act states that,
"except when it is or would be
contrary to a child's best interests:
(a) children have the right
to know and be cared for by both their parents,
regardless of whether their
parents are married, separated, have never married
or have never lived together;
and
(b) children have a right
of contact, on a regular basis, with both their parents
and with other people significant
to their care, welfare and development; and
(c) parents share duties
and responsibilities concerning the care, welfare and
development of their children;
and
(d) parents should agree
about the future parenting
of their children."
3/ Section
68F(2)(a) of the Family Law Act states that,
"in determining what is in the
child's best interests, the court must consider:
any wishes expressed by
the child and any factors (such as the child's maturity
or level of understanding)
that the court thinks are relevant to the weight it should
give to the child's wishes".
The children in these proceedings
have consistently expressed their wish to spend
time with their father,
and to visit their family in New Zealand.
Yours faithfully
Charles Richard Watson <[email protected]>
LightHouse Inn, 1 Commercial Road, Port Adelaide, SA 5015
http://www.geocities.com/CapitolHill/Lobby/7077/diary.html