Dad gets partial custody despite abuse, firearms violations (Australia)

Still think dads are discriminated against by the family courts? Check out this case.

Two years ago, after his wife told him she was leaving the relationship, UNNAMED DAD punched a hole in the wall, grabbed his then two-year-old son, and took the child and a .303 rifle and went into the child's bedroom. He then fired the gun into the ceiling, suggesting to the horrified mother that he had shot the child. But it was just a joke. Ha, ha.

What a sicko drama queen!

Dad has a history of anger and violence "issues" (not surprisingly--since this sort of thing seldom comes out of the blue), and he's been convicted of firearms offences.

Yet Federal Magistrate JANET TERRY says:"...there is no reason to be uneasy about the father's mental state or parenting capacity." Despite the fact that dad was CONVICTED of firing the loaded rifle and endangering, the magistrate gave the dad partial custody!

And though both parents admitted to using drugs in the past, only mom will be subjected to drug tests. And, get this, the magistrate is all pious and concerned about allegedly abusive male friends and relatives of the mom, while she's ignoring the jackass in her courtroom.

PREDICTION: this custody arrangement is going to an absolute disaster for these children, and we're going to be very lucky if one of these kids isn't seriously injured or killed.

Note: Janet Terry has a history of bizarre, anti-mother/pro-abuser dad custody decisions. This isn't her only one.

http://search.news.com.au/search//0/?us=ndmnews&sid=421&as=news&ac=ninews2&q=Federal%20Magistrate%20Janet%20Terry

Man who pretended to shoot son gets partial custody of children
By Mark Schliebs
NEWS.com.au
August 05, 2009 10:00am

Man wins partial custody of children
Was convicted of firearms offences
Children aged between two and four

A MAN who allegedly fired a high-powered rifle into his two-year-old son's bedroom ceiling then claimed he had shot the boy has won partial custody of his three young children.

In making the interim ruling, Federal Magistrate Janet Terry listed the mother’s "very detailed allegations" about the man’s anger and violence - including his convictions on three firearms offences arising from the domestic argument two years ago.

The custody arrangements allow the father to spend about 22 per cent of school terms with the kids, who are now aged from two to four, and half of every school holidays.

Ms Terry said the estranged parents lived too far apart to grant equal custody rights and designated the mother as the primary care giver.

"A full investigation may reveal that there is no reason to be uneasy about the father’s mental state or parenting capacity and that the mother’s allegations about his violence are untrue," she said. "But I cannot resolve those issues in these interim proceedings."

Earlier, the mother told the court events had come to a head in March 2007 when she announced she was leaving the relationship.

She said that after punching a hole in the wall, the man grabbed their eldest child - aged two at the time - then went into the boy’s bedroom with a .303 rifle.

"Next I heard a loud bang," the mother said. "It sounded like a gun shot. I also heard a sound that I thought was falling wood. He (the man) came out of the bedroom and said words to the effect: 'I shot (the boy).'

"I dropped to my knees and could not speak. He then said words to the effect: 'Ha Ha, got ya.' (The boy) then ran out of the bedroom and said, 'Mummy, Daddy shot a gun, Mummy look'."
He was later convicted of possessing a loaded firearm endangering life, firing a firearm in a manner likely to injure persons and not keeping a firearm safely.

In his evidence, the father did not refute her version but said the woman was a drug user who had broken his nose in a fight last year and "could not cope" with the children.

Both parents admitted that they had previously used illegal drugs but said they had given them up.

Magistrate Terry ordered the mother to undergo monthly drug tests and ensure her children did not come into contact with an allegedly abusive former friend or her step-uncle – who has a string of criminal convictions.

Under the custody arrangements, the children will spend four out of every 18 nights at the man’s house during school terms – to coincide with his days off work.

During school holidays, the children will spend equal time with both parents.

The matter is due to come before the court again later this year.