The Sovereign Voice Issue 5 | Page 10

The Monthly ’ s piece is one of many articles and national enquiries exposing the extent to which the family court system has lost sight of the child ’ s best interests , and it reveals the players .
However in every one and all the many words and paragraphs written there is never a mention of the United Nations Convention on the Rights of the Child , hereafter referred to as the UNCRC .
Thh e NCPA case was brought to the ITNJ based on the breach of this convention by the Commonwealth of Australia for not modifying their Family Law Act of 1975 to implement changes agreed to when government representatives signed the UNCRC , and for continuing systemic breaches of the rights of children via application of that law by the Australian family court system , Department of Childrens Services , and police . See the NCPA application to the ITNJ ( 18 December 2015 ) and the summary of the NCPA directions hearing ( 14 February 2016 ).
SPECIFIC BREACHES OF THE UNCRC
Article 9 , Paragraph 1 : “ States Parties shall ensure that a child shall not be separated from his or her parents against their will , except when competent authorities subject to judicial review determine , in accordance with applicable law and procedures , that such separation is necessary for the best interests of the child . Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents , or one where the parents are living separately and a decision must be made as to the child ' s place of residence .”
Article 9 , Paragraph 2 : “ In any proceedings pursuant to paragraph 1 of the present article , all interested parties shall be given an opportunity to participate in the proceedings and make their views known .”
Article 9 , Paragraph 3 : “ States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis ,
except if it is contrary to the child ' s best interests .” [ emphasis added ]
Article 24 , Paragraph 1 : “ States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health . States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services .”
The Australian Family Law Act and the Judiciary are in clear breach of these paragraphs of the UNCRC . Court Orders are regularly made which prohibit a child receiving health care services without the consent of both parents . Given the adversarial nature of family law , it is typical to find that parents are never in agreement . The result is the child being deprived of his or her right to access such health care services . Such Orders made by the Judiciary under the FLA also breach paragraphs 2 ( a ) and 2 ( b ) of Article 24 .
Article 24 , Paragraph 2 : “ States Parties shall pursue full implementation of this right and , in particular , shall take appropriate measures :
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