Tag: parents

  • More Good Parents Victims of Anti-Smacking Law

    http://www.scoop.co.nz/stories/PO0807/S00332.htm

    More Good Parents Victims of Anti-Smacking Law


    More Evidence of Good Parents Victims of Anti-Smacking Law

    Family First has published advertisements in the Sunday papers highlighting further cases of good parents being reported, investigated, persecuted, and even prosecuted as a result of the anti-smacking law.

    “All NZ’ers want to tackle the issue of child abuse but the anti-smacking law, and the compromise brokered by John Key, has not brought about the desired result,” says Bob McCoskrie, National Director of Family First NZ. “Even the architect of the bill, Green MP Sue Bradford, has admitted that the bill was never intended to solve the problem of child abuse and child violence.”

    “But now we have good parents being caught in the cross-fire of our worthy desire to tackle the real causes of child abuse.”

    Family First has documented evidence of a number of disturbing cases including:

    * a father separated from his children for 6 months by CYF because of malicious claims by mother that he had smacked them – CYF eventually re-allowed access but only due to a strong supporter who knew the system
    * a father prosecuted and convicted because of pushing the upper arm of his daughter 2-3 times and demanding she listen to her mother
    * a father dragged through the court process only to turn up to the court case and the police to admit they had no evidence
    * a stepfather who had to physically restrain the arms of his stepdaughter, being interrogated for 2 hours almost 7 months after the incident, and 6 months later still not knowing the outcome
    * a CYFS Community Panel Board member telling Family First “I can say without a doubt, that in my time I have seen a small but a definite increase in ‘good’ parents being investigated by our CYFS case workers.”

    Other cases are documented on our website http://www.familyfirst.org.nz/index.cfm/CASES

    Family First NZ continues to call on the politicians to change the law so that non-abusive smacking is not a crime (as wanted by 85% of NZ’ers, according to recent research).

    ENDS

  • Parents Assaulted by Anti-Smacking Law

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    This advertisement appeared in all national Sunday newspapers…
    To read, click on the image below
    FORWARD IT ON TO OTHER CONCERNED PARENTS

    If you can’t see image, CLICK HERE

    Thanks for helping us defend good parents while demanding action on real child abuse
    www.stoptheabuse.org.nz

    www.familyfirst.org.nz

  • Greens Decide Parents Should Now Be Listened To

    MEDIA RELEASE

    23 July 2008

    Greens Decide Parents Should Now Be Listened To

    Family First NZ says it is highly ironic, and hypocritical, for the Greens to be demanding that the government listen to the concerns of parents worried about the health risks of locating huge telecommunications tower masts next to pre-schools and schools.

    Green Party Press Release “Dear Helen, please listen to the parents” – 23 July 2008

    “For the past two years, the Green party has completely ignored the voice of over 80% of NZ’ers who opposed Green MP Sue Bradford’s anti-smacking bill, and have shown no concern that over 50% of our parents have admitted breaking the law and are risking investigation by police and CYF,” says Bob McCoskrie, National Director of Family First NZ.

    “The Greens are completely correct to demand that the concerns of parents are given weight regarding the location of phone towers and associated health risks, but they can’t have it both ways.”

    “They can’t ignore the views of parents on how they want to raise their kids legally and reasonably, yet demand that parents be heard on other issues.”

    “The Greens need to respect the important role of parents on all issues – not just those that they agree with them on,” says Mr McCoskrie.

    ENDS

    For More Information and Media Interviews, contact Family First:

    Bob McCoskrie – National Director

    Mob. 027 55 555 42

  • Muriel Newman: Moral Neutrality

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    ttp://www.nzcpr.com/weekly139.htm

    Parliament

    20 July 2008
    Moral Neutrality


    Earlier this month Britain’s culture of “moral neutrality” came under attack. In a speech in Glasgow, Conservative Party Leader Rt Hon David Cameron said that the obese, drug addicts and the poor have no-one to blame but themselves.

    He defined moral neutrality as the refusal to make judgements about what is good or bad, right or wrong: “We as a society have been far too sensitive. In order to avoid injury to people’s feelings, in order to avoid appearing judgemental, we have failed to say what needs to be said. Instead we prefer moral neutrality, a refusal to make judgments about what is good and bad behaviour, right and wrong behaviour. Bad. Good. Right. Wrong. These are words that our political system and our public sector scarcely dare use any more. Refusing to use these words – right and wrong – means a denial of personal responsibility and the concept of a moral choice”.

    He went on to say, “We talk about people being “at risk of obesity” instead of talking about people who eat too much and take too little exercise. We talk about people being at risk of poverty, or social exclusion: it’s as if these things – obesity, alcohol abuse, drug addiction – are purely external events like a plague or bad weather. Of course, circumstances – where you are born, your neighbourhood, your school, and the choices your parents make – have a huge impact. But social problems are often the consequence of the choices that people make”.

    David Cameron believes that there is now a very real danger of Britain becoming “a de-moralised society, where nobody will tell the truth anymore about what is good and bad, right and wrong. That is why children are growing up without boundaries, thinking they can do as they please, and why no adult will intervene to stop them – including, often, their parents. If we are going to get any where near solving some of these problems, that has to stop”. To read the speech click the sidebar link>>>

    The parallels with New Zealand are surely plain for all to see. We have now become so non-judgemental that speaking the truth and calling a spade a spade, all too often leads to complaints to the Human Rights Commission – not to mention the Press Council, the Advertising Standards Authority, and all of the other organisations that sit in judgement on such matters.

    The danger is that human rights laws, which were originally introduced under the guise of protecting individuals from discrimination, impinge on the most basic human right of all – individual freedom. Under the Labour government, human rights arguments have been used to impose the political agendas of favoured minority groups onto the public at large to the extent that, for example, Maori cultural beliefs now dominate the New Zealand education curriculum1 and sexual orientation has ceased to be a private matter but – with a question on sexual orientation being planned for the census – one in which the state has a particular interest.2

    According to the prevailing culture of political correctness that has developed during Labour’s regime, nothing is anyone’s fault anymore. If you are too lazy to work, the government will pay you to stay at home; if you are one of the 5,279 drunks and druggies drawing a benefit, the government will contribute $1 million a week to keep your habit going 3; if you are a teenage girl with little education and no career prospects, the government will pay you to bear and raise the next generation of children; if you are grossly obese, the government will pay $25,000 to have your stomach-stapled.4

    Yet individuals make myriads of choices almost every moment of every day, and learning to live with the consequences of those choices is an important part of life. That’s how society operates. It is surely not the role of the state to interfere in the free choices that people make (so long as they do not harm others), nor to shield people from the consequences. To do so creates a ‘victim’ culture whereby the state rewards those who make poor choices with ever-more generous taxpayer-funded compassion.

    As John Stuart Mill said so eloquently in defence of the freedom of individuals from the power of the state in On Liberty in 1859, “… the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him or visiting him with any evil in case he do otherwise… In the part which merely concerns himself, his independence is, of right, absolute.”

    Society’s primary role of moral teacher – instilling in children what is good or bad, right or wrong – has traditionally been the family. Children who are given strong boundaries of what is and is not appropriate behaviour, and are imbued with a clear understanding of the consequences of the moral choices they make, generally become responsible members of society. But when parents fail to properly bring up their children, the results can be disastrous.

    Just last month the Christchurch Press told the story of a recovering drug addict: John’s drug use started at home with parents who smoked cannabis and took pills. By age nine he was drinking alcohol, and by age 11 smoking cannabis. At age 14 he started using intravenous opiate. It was all downhill after that.

    John admitted that he had committed over 500 burglaries, robberies and dishonesty offences to fund his drug habit: “I committed a lot of crime. I committed crime I’ve never been caught for over the years. I’d go out and commit burglaries four, five or six burglaries a night. Every night. Every day. Even while I was at work I’d go away at lunch time and commit a crime to support my habit that night. I was using anywhere up to $2000 daily…”

    John has five children, all girls; two of the older ones, aged 17 and 18, use drugs: “I definitely don’t want them to have the same life as I’ve had. I had a choice to say no. It’s not a sickness it’s a personal choice. For these younger generations I pray for them not to get into it.” 5

    When the Labour Government introduced the anti-smacking law last year, the vast majority of New Zealanders opposed it. Not because they condoned violence against children – no-one condones that. They opposed the smacking ban because they understand that the dynamics of family life are delicately balanced. Anyone who has raised children knows that there is a fine line between good outcomes and the abyss. And the last thing that a family needs is the heavy hand of the state interfering in private matters.

    By banning smacking, the state has now intruded deep into the heart of family life. A predictable wedge has been driven between parents and children. It has created a situation where many parents, now fearful of prosecution, are afraid to set proper boundaries for their children in case the children object and complain to the authorities. This is now inhibiting the way that parents raise their children to the point where, when the going gets tough, many parents are now throwing in the towel and passing the problem of their unruly children onto the wider community.

    In his speech, David Cameron acknowledges that the social breakdown seen in Britain is caused by family breakdown, welfare dependency, debt, drugs, poverty, poor policing, inadequate housing, and failing schools, and he warns that society, “is in danger of losing its sense of personal responsibility, social responsibility, common decency and even public morality”.

    The fractures that we now see in New Zealand families and communities have deepened over the last nine years. The bonds that link our society have become weaker. The people most at risk are the vulnerable – those without an education, without a good job, without strong family supports. These are the very people that a Labour Government should have been protecting through sweeping social reforms to ensure that every child succeeds at school, that no-one is left to languish on welfare, and that family life is encouraged and supported. By failing to make the necessary reforms, Labour has entrenched disadvantage for far too many New Zealanders.

    David Cameron claims that in Britain there has been a relentless erosion of responsibility, social virtue, self-discipline, and a respect for others. He believes that the only way to turn it around is to encourage personal responsibility as a cornerstone social value.

    Encouraging personal responsibility as a cornerstone social value – as well as throwing off the stultifying political correctness that has weighed this country down for far too long – would undoubtedly be a step in the right direction for New Zealand too.

    This week’s poll asks: Do you think that a culture of “moral neutrality” has developed in New Zealand. ? Go to Poll >>>

    FOOTNOTES

    1 Muriel Newman, Selling Our kids Short
    2
    Dominion, As you like it: A sexy census
    3 Waikato Times, The benefit and the doubt
    4 Dominion Post, Hundreds to get taxpayer-funded stomach stapling
    5
    Christchurch Press, P makes addicts human crime waves

    If you would like to comment on this issue please click >>>

    Your Comments:

    Reader’s comments will be posted on the NZCPR Forum page click to view >>>.

  • Family First: CAN YOU HELP US?

    17 Jul 2008

    CAN YOU HELP US

    ‘SLEDGEHAMMER’

    A FEW MYTHS

    Myth #1 : There have been no prosecutions under the new anti-smacking law


    FALSE

    Myth #2 : The anti-smacking law has not resulted in good parents being investigated and interrogated by the police or CYF


    FALSE

    We have evidence of a number of examples that expose these myths, including:

    * a father separated from his 2 kids for 6 months by CYF because of malicious claims by mother that he had smacked them – CYF eventually reallowed access but only due to a strong supporter who knew the system
    * a father prosecuted and convicted because of pushing the upper arm of his daughter 2-3 times and demanding she listen to her mother
    * a grandfather prosecuted and convicted because of tipping his defiant grandson out of a bean bag-type chair to get him moving
    * a father dragged through the court process only to turn up to the court case and the police to admit they had no evidence
    * a stepfather who physically restrained the arms of his stepdaughter being interrogated for 2 hours almost 7 months after the incident, and 6 months later still not knowing the outcome
    * a CYFs Community Panel Board member telling Family First “I can say without a doubt, that in my time I have seen a small but a definite increase in ‘good’ parents being investigated by our CYFs case workers – up to 5% of our cases. Any child who mentions to a school teacher that they have been smacked or touched in any physical way is brought under investigation and their names are indelibly logged onto our data base as a potential ‘abuser’ . I really feel sorry for these ‘good parents’ because of the fear that we as an organisation now engendering upon their parenting practise. Sadly good parents are being lumped in together with the really bad ones.”

    NZ’ers deserve to be told

    the truth.

    WOULD YOU CONSIDER HELPING FUND FULL PAGE

    ADS IN SUNDAY STAR TIMES and NZ HERALD

    (giving nationwide coverage)

    We need to raise $13-14,000 by the beginning of next week to achieve this.

    If you would like to invest in helping us ‘SLEDGEHAMMER THE MYTHS’

    CLICK HERE

    Every little bit helps . (All donations qualify for the 33% tax donation rebate.)

    Thanks for your support and consideration. We must do all we can to defend the role of parents and the well-being of our children and families in NZ.

    Bob McCoskrie
    National Director

    www.familyfirst.org.nz

  • Family justice: the secret state that steals our children

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    From
    July 6, 2008

    Family justice: the secret state that steals

    our children

    Every year thousands of children are taken from their parents,

    largely on the say-so of ‘experts’. It is a secret and sometimes

    unjust process and the system must change

    Learn more about family justice | Write to your MP | Share your experiences

    Two weeks ago I got a phone call from a woman I hadn’t seen for four years. She was calling to tell me that she was moving abroad, unable to bear the pain of living in the same country as the daughter she is no longer allowed to see. “I wanted to thank you,” she said, “for being the only person who ever gave me a fair hearing.” I was seized with guilt. This woman had asked for my help, and I had utterly failed her. Her story had been just so incredible. She described a world where courts need no criminal conviction to remove your child, only the word of a psychiatrist or doctor, and can deny you the chance to call any expert in your defence. A world that uses the “welfare of the child” to gag you from discussing your case. Where even if you prove yourself innocent on appeal, your children may already have been adopted: in which case you will never be allowed to contact them again. A world which had treated her so badly, this rather pretty and utterly normal young woman, that she was sincerely thanking me just for listening.

    It had taken three calls from this lady and her boyfriend, a clean-cut army bloke, before I had agreed to go down to their provincial semi. We sat in their front room with the curtains drawn while they got out box after box of papers. And I got my first inkling of what it is like to go through the door into the secret state.

    This particular case had started, as many do, with a custody battle. The mother had started to worry about her ex-partner’s behaviour during his visits to their daughter. She approached social services to ask if they could supervise his visits. When the child then told a teacher that her father had touched her in bad places, the police were called. They filmed the child repeating the allegations. The upshot? A psychologist who watched the film but never met the mother, father or daughter wrote a report alleging that the mother had coached the daughter to lie. He never appeared in court, and was never cross examined. Yet the court, encouraged by social workers, accepted his view. The judge ordered that the daughter should go to live with her father – a man the mother was convinced was an abuser.

    My bitter regret, now, is that I did so little about that case. At the time I couldn’t help wondering if there was not more to it than the mother had let on. And there may well have been. But today, I’m not so sure. Because so many elements of her story fit patterns that I have since heard again and again. The reliance on experts who have never met the accused. The stormtrooper behaviour of some social workers. The legal aid solicitors acting for parents who are always in a rush. This mother was plunged into a world of acronyms and organisations that she knew nothing about. She was always on the back foot. Having been the person who reached for help from the system, she became its victim.

    The tale niggled away at me. I started asking questions. Soon after this encounter I met Denise and Nigel Clarkson, who had lost both their daughters after one sustained an unexplained injury, and who fought like tigers to get them back. Through the Eaton Foundation, which they founded, I met American doctors and radiologists who were challenging many of the assumptions made by British doctors who were diagnosing abuse from so-called “shaken baby syndrome” and certain tiny bone fractures.

    I began to write about cases where judges were speaking out publicly about the failings of social services. In early 2006, Mr Justice Ryder denounced Oldham Council for taking a baby away from his parents because of a doctor who “strayed from the role of expert into the role of decision-maker” and a family court judge who “failed to detect that that was what had happened”. Two courts refused to let the parents seek a second medical opinion. It was a year, the most formative year of that child’s life, before the Court of Appeal allowed them to call a neurologist who proved that the injury was caused before birth. We know of that blunder only because the judge involved chose to make his judgment public. Few judges do.

    The stories began to pour in. People left messages on my answering machine saying that the system was rotten but that they dared not speak out, because they had managed to get their children back. Some had taken a sick child to hospital, only to be accused of physical abuse. Some had been accused of “emotional abuse”, a category that has no definition in British law but which has jumped 50 per cent in the past ten years as a reason for taking children into care. Quite a number had complained about their local authority, for letting them down over special-needs education, for example, only to find themselves in turn accused of neglect. One woman in Sheffield sobbed that her two autistic sons had been robbed of their mother, as well as the care they needed, because she was accused of making up their symptoms.

    Some parents complained about social workers and hospitals refusing to give them copies of any papers or X-rays in their cases, which they needed to mount appeals. Every single one felt that the system was set against them before they could even assemble a defence. Some had real problems: violent ex-partners or unreliable new ones, low IQ, brushes with drugs in the past. Many had never been known to social services or the police before. All were desperate to be given the chance to prove that they were good parents, some begging the local authority to install CCTV cameras in their homes.

    Many alleged that their children were treated far worse in care: unloved, not allowed to do homework, some with a new bruise almost every time they came for supervised contact, bruises that were never explained.

    Since local authorities generally would not talk to me, citing confidentiality, I still had only part of the picture. Was there really a problem, or were these people all lying? I looked for figures. Were particular local authorities taking above-average numbers of children into care, for example? How many of these proceedings were contested? How many mothers were being accused of having Munchausen’s Syndrome by Proxy, a psychiatric disorder that is supposed to be rare but seemed to be cropping up too often in my conversations? I would call the Home Office, which would refer me to the Lord Chancellor’s Department, which would refer me to the various incarnations of the Education Department, which would usually refer me back to the Home Office. Many of my questions were met with the answer that the data was “not held centrally”. This whole area started to look more and more like a hole inside government that ministers were simply not interested in.

    Telling the stories was fiendishly difficult. First there was the legal requirement to avoid publishing anything that might even indirectly lead to the identification of the child involved. This is understandable, but it means that what journalists can write is sometimes so thin, so patchy that it is hard to ask anyone to believe us – because the most pertinent facts are often very distinctive. It also means that we can never humanise stories with photos, of the kind that helped to secure the freedom of Angela Cannings and Sally Clark. This is despite the fact that children can be pictured and named in adoption magazines, even while their frantic parents are trying to mount an appeal to get them back. Secondly, there were often additional reporting restrictions. Some of these were sought by local authorities as soon as I called them to try to get their sides of the stories. Some of these orders were so badly drafted that our lawyers simply could not tell what we could say. Some bore no relation to the draft that we had been sent before the hearing. It costs money to fight such orders, money that local media may not have and nationals are reluctant to commit.

    The more often my articles were spiked or denuded of interesting detail, the more incensed I became. I began to feel that we, the liberal press, were part of a conspiracy of silence against people who had no voice. Worse, their children had no voice.

    Some of these children were being told that they were in care because their parents no longer wanted them. As soon as a care order is made, the local authority controls all communications between parents and children. In many cases contact is gradually reduced, sometimes from a few hours a week to an hour or so a month, at which point social workers can return to court and claim that the child no longer has a strong bond with his family. Such tactics are unbearable. Clearly there must be some protection for authorities that work in extremely tough territory. Social workers are lambasted as often for failing to protect children from danger as for misjudging the innocent.

    The problem is when laws that are meant to protect professionals from malicious allegations become an armoury against truth. There are good reasons why it is illegal to name a child involved in family court proceedings. Family law cases are fraught enough, without publicity adding to children’s suffering. But it is quite wrong that laws framed to protect child privacy are being used to protect the professionals. Two years ago, when the children taken into care by Rochdale Council in the fabricated “satanic abuse” scandal left care and publicly attacked the council for removing them, the council argued that it would be wrong to name the social workers because that would breach the children’s privacy – even though the children were desperate to speak out the minute they were free.

    It does not have to be like this. The media cannot name the victim in rape cases. But we do report the evidence. Family courts, which operate in camera, have a lower standard of proof than criminal courts. They “convict” on a balance of probabilities, rather than beyond a reasonable doubt. A lower threshold is thought acceptable because civil courts cannot send people to jail. But to lose your children, and for them to lose you, because a court finds that abuse is a “probability”, is a life sentence of another kind. This makes it even more vital that the system is accountable. Yet I cannot think of another area of public life that operates with so little scrutiny.

    The main piece of legislation governing child protection is the 1989 Children Act. The Act was passed in the wake of the Cleveland scandal, in which allegations of sexual abuse by two consultant paediatricians at one hospital led to 121 children being removed from their homes. The Act clearly states that there should be “minimum intervention in family life” and that a court order should be made only if “it can be shown that this is better for the child than not making an order”.

    Yet some parts of the country seem to have strayed a long way from that. This year, the education watchdog Ofsted became the regulator for Cafcass, the Children and Family Court Advisory and Support Service that provides guardians ad litem for children in care cases. Ofsted’s first two reports so far have been devastating. “Inspectors could not find evidence,” Ofsted says, “about how service managers satisfy themselves that family court advisers are reaching sound conclusions in order to make the right recommendations to courts about children’s lives”. It found that “most reports contain recommendations to the court that fail to take account of a key principle of the Children Act that there should be minimum state intervention in family life”. There is much more in similar vein. The hapless state of Cafcass is failing both children of innocent parents and children who are genuinely at risk.

    Cafcass is one safeguard in the system that is manifestly failing. Another safeguard is that local authorities cannot remove children without a court order. But the manner in which these court orders are sought means that they are rarely refused (the Government has been unable to give me a single example of a refusal). Parents are not always informed that an order is even being sought, so are not able to defend themselves. Even if they are there, the momentum is unstoppable.

    Bill Bache, the indefatigable solicitor who acted for Sally Clark, explained it to me this way. “Court proceedings are initiated within a day or two. The local authority knows the ropes. Most parents, including the brightest and most articulate, are often too distressed and shocked to think straight. They may well turn up unrepresented. The local authority makes its case, often in lurid terms, stressing that the children are in acute danger and they are requesting an immediate interim care order. There is no time sensibly to evaluate the evidence, therefore, no doubt wishing to be safe rather than sorry, the court grants the order. Suddenly the children are gone.

    It is impossible to describe the shock, the isolation, that parents feel once their child is gone. Even educated people who can afford a good lawyer struggle to think straight. They feel alone against the system. Judges rely on reports by experts, social workers and guardians, many of whom are used to working together. This can produce a fatal lack of objectivity. I have spoken to some exemplary social workers and judges in the past few years. It is not my intention to demonise them all. But we must be able to spot whether the same individuals are reaching erroneous conclusions over and over again. At the moment any expert, social worker or judge who makes mistakes, goes beyond their brief or is on a crusade against parents is virtually immune from scrutiny. They do not expect that their evidence or their judgments will ever be made public. Remember that Professor Roy Meadow was only uncovered because he gave misleading evidence in the criminal courts, which are open. If family courts remain closed we will never be able to feel sure that justice is being done.

    Over the next few days I hope to paint a more detailed picture of the pieces of the secret state, offer some explanations as to why mistakes are made, and to outline some solutions. The Times’ interest is more than theoretical: we will continue to challenge various injunctions in the courts. But we also need your help by asking you to write to your MP. We will not give up. Because to sever a child from its family without due cause is licensed state oppression of the worst kind. It is, in fact, child abuse.

    Family justice

    Why the Government must act

    Privacy laws are designed to protect at-risk children. Yet these same laws are cited to prevent local authority childcare professionals, expert witnesses and guardians from being subjected to scrutiny for decisions that can tear families apart.

    The system claims that the welfare of children is paramount. But the only way to make the welfare of children paramount is to make childcare professionals properly accountable for their decisions.

    The press is allowed to report the workings of the criminal courts, even in rape cases, where victim identities are kept confidential. Yet it is denied access to the family courts that make decisions with far-reaching consequences. In 2005 the Constitutional Affairs Select Committee advised that more transparency was needed and that family courts should be opened to the press in all but exceptional circumstances.

    The Government consulted on the proposals, recognising that public confidence was plummeting. But it lost its nerve. The Ministry for Justice has yet to publish the results of a second consultation, which ended last October.

    Eight months later the Government cannot even say when it will respond to the consultation.

  • Queensland – Laws a legal minefield: lawyer

    http://www.brisbanetimes.com.au/news/queensland/antismacking-laws-a-legal-minefield-lawyer/2008/06/30/1214677902879.html

    Laws a legal minefield: lawyer

    Christine Kellett | June 30, 2008 – 11:59AM

    Anti-smacking laws to punish Queensland parents who used “excessive force” to discipline their children could be too hard to prosecute, a lawyer has warned.

    Moves by the Labor Party to toughen its stance on smacking were made at its state conference earlier this month, with suggestions the practice would eventually be outlawed.

    But Brisbane lawyer Michael Bosscher, of criminal defence firm Ryan and Bosscher, said changes to the Criminal Code to make smacking illegal would be a legal minefield and would cause more problems than they solved.

    He cited the example of New Zealand, where anti-smacking legislation had sparked a public backlash and had prompted calls for a referendum.

    “It is amazing to think Queensland is considering going down this path when New Zealand is trying to reverse its decision,” Mr Bosscher said.

    “Our laws already provide the option to prosecute parents who abuse their children.

    The move comes after shocking cases of children being abandoned outside casinos and hotels in South East Queensland while their parents socialised hit the headlines earlier this year.

    Mr Bosscher said said practical difficulties would arise when police, lawyers and the courts tried to prosecute parents who smacked.

    “The real danger with new laws is how you interpret and enforce them and there is a risk of zealous authorities prosecuting parents for minor smacks that would traditionally be seen as just part of parenting.

    “There’s this nanny state mentality here where the state government is imposing draconian laws upon families, in theory to protect children. However if you start prosecuting parents for smacking children, the potential to destroy families and therefore hurt children, is enormous.

    “Anti-smacking laws would be a controversial issue to prosecute in the courts because one police officers definition of excessively hard smacking could be radically different from another officers view.

    Mr Bosscher said Queensland laws currently allowed parents to use “reasonable force” to discipline their children.

    “A change to the Criminal Code is not needed. The law already has provision to prosecute parents- or any person- who inflicts serious, grievous or bodily harm on a child,” he said.

    “What they are really talking about is changing the law to brand parents as criminals. This is wrong and is not needed in Queensland.”

  • Larry Baldock: “You will not drown out the voice of the people”

    http://www.stuff.co.nz/stuff/eveningstandard/4610385a6502.html

    Kiwi Party singles out drugs, booze

    By GRANT MILLER – Manawatu Standard | Monday, 07 July 2008

    Random drug-testing in schools, violent criminals losing any right to parole and increasing the penalty for class A drug manufacture and distribution to the same as murder are the planks of a hardline law and order policy from the Kiwi Party.

    “Those profiting from the manufacture and sale of class A drugs are murderers in my opinion,” party leader Larry Baldock said at a regional conference in Palmerston North.

    The maximum penalty for importing, manufacturing or supplying class A drugs is already life imprisonment, however.

    Conspiring to supply class A drugs carries a maximum penalty of 14 years’ imprisonment.

    Mr Baldock said drug and alcohol abuse was at the root of much of the nation’s crime.

    “Our young people need a strong message to encourage them to make the right choices with regards to binge drinking and drug usage,” he said.

    “Random testing would help identify those in need of help and make it clear that we do not intend to stand idly by while they waste their youth and potential. . .”

    A World Health Organisation report found that 42 percent of New Zealanders had used cannabis.

    Mr Baldock, who had himself used cannabis, said it nearly ruined him.

    Lowering the drinking age from 20 to 18 was a mistake, he said.

    People alleged to have committed violent offences should not be eligible for bail and violent criminals would not get parole or home detention.

    Hail pelted the region in the hours before the conference and the weather was freezing throughout the day.

    “For hardy folk like yourselves, it’s a summer’s day really, isn’t it?” party president and emcee Frank Naea joked at the Palmerston North Convention Centre.

    Mr Baldock, who led efforts to bring about a referendum on smacking, said the Kiwi Party was not a single-issue party, though repealing anti-smacking legislation had been its top priority.

    “Parents should be able to raise their children without the fear of the police turning up at the door,” he said.

    “Helen Clark, Sue Bradford, Peter Dunne, John Key – you will not drown out the voice of the people.”

    The Christian-based party played clips from the Amazing Grace movie, which depicted anti-slavery campaigner William Wilberforce presenting 390,000 signatures – roughly the same number collected against anti-smacking legislation.

    Mr Baldock was frosty about the prime minister’s record of “social engineering”.

    He said Miss Clark’s agenda of “humanism, socialism and secularism” undermined traditional Kiwi values exemplified by Sir Edmund Hillary.

    The Kiwi Party hoped anger over anti-smacking legislation would translate into votes for the party at this year’s election.

    Mr Baldock said he believed the party could cross the 5 percent threshold needed to earn representation in Parliament – or that he could win the Tauranga electorate.

    If successful, the party would not support Labour.

    It would also “make sure National does not return to the harsh social policies of the 1990s”.

    People wanted to get rid of Labour but they were “not really that stoked about National”.