- Judge blasts divorce row couple
- By Ryan Pedler
- The West Australian
- 07/02/2007 Make a Comment
- Contributed by: admin ( 59 articles in 2007 )
A retiring chief judge of the WA Family Court has lamented the prevalence of dysfunctional relationships in WA and the damage they are doing to children in one of his final judgments.
Michael Holden, to be replaced by Stephen Thackray on Friday, expressed the sentiments in his ruling on a bitter divorce battle whose parties had
deliberately involved their children in the dispute.
Justice Holden said the couple had led their family into a "dreadful and very sad mess" only they could fix.
"There are dysfunctional relationships all over the place," he said.
"This case is one of the clearest examples that I have run into in 15 years as a judge where the parties expect me, applying the principles set out in the Family Law Act, to solve the many problems that exist and which are of their own making.
"It is abundantly clear to me that I cannot do that. It is only with a change in attitude of all those involved, assisted by intensive counselling, that the situation will improve." The family cannot be identified for legal reasons but details of their case are revealed in
Justice Holden's judgment, published on the WA Family Court website.
Justice Holden said the former husband and wife's open hatred and denigration of each other had led to their children to choose a parent to align themselves with.
The couple's teenage daughter aligned with her father and in one incident was hosed down by her mother's partner and ordered away when she tried to visit a sibling at her mum's home.
Their younger children aligned with their mother, leading the father to apply to the WA Family Court for equal shared custody of them despite their wishes to live only with their mum.
Justice Holden refused to make the equal shared custody orders, saying they were not in the children's interests and the youngest child could suffer psychologically if the couple did not change their ways.
Justice Holden also dismissed the wife's claim for spousal maintenance of $215 a week, saying the husband was a man of modest financial resources and her claim was motivated by a desire to punish him, rather than needing the money.
Justice Holden told the couple they could appeal to the Full Court of the Family Court of Australia if his decision aggrieved them.
"I cannot find a solution for this family," he said. "However, it may be that the members of the Full Court can. I do not envy them in their search."
Michael Holden, to be replaced by Stephen Thackray on Friday, expressed the sentiments in his ruling on a bitter divorce battle whose parties had
deliberately involved their children in the dispute.
Justice Holden said the couple had led their family into a "dreadful and very sad mess" only they could fix.
"There are dysfunctional relationships all over the place," he said.
"This case is one of the clearest examples that I have run into in 15 years as a judge where the parties expect me, applying the principles set out in the Family Law Act, to solve the many problems that exist and which are of their own making.
"It is abundantly clear to me that I cannot do that. It is only with a change in attitude of all those involved, assisted by intensive counselling, that the situation will improve." The family cannot be identified for legal reasons but details of their case are revealed in
Justice Holden's judgment, published on the WA Family Court website.
Justice Holden said the former husband and wife's open hatred and denigration of each other had led to their children to choose a parent to align themselves with.
The couple's teenage daughter aligned with her father and in one incident was hosed down by her mother's partner and ordered away when she tried to visit a sibling at her mum's home.
Their younger children aligned with their mother, leading the father to apply to the WA Family Court for equal shared custody of them despite their wishes to live only with their mum.
Justice Holden refused to make the equal shared custody orders, saying they were not in the children's interests and the youngest child could suffer psychologically if the couple did not change their ways.
Justice Holden also dismissed the wife's claim for spousal maintenance of $215 a week, saying the husband was a man of modest financial resources and her claim was motivated by a desire to punish him, rather than needing the money.
Justice Holden told the couple they could appeal to the Full Court of the Family Court of Australia if his decision aggrieved them.
"I cannot find a solution for this family," he said. "However, it may be that the members of the Full Court can. I do not envy them in their search."
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