Thursday, August 25, 2005

Family Law Review


The government is considerring changes to Family Law.

Some of the proposals under review include greater rights for non-custodial parents. Earlier this month Peter Slipper MP announced a number of recommendations for change with the intention that "there is an opportunity for both parents to continue their involvement as parents following separation."

Areas under review include:

  • Changing the term 'joint parent responsibility" to equal shared responsibility" to reflect the new focus on both parents role in caring for the children.
  • Providing for an obligation by the judges in childrens' matters to consider the child's best interests and the practicality for the child of spending "equal time" with both parents, rather than just "substantial time"
  • The development of accreditation standards for Family Relationship Centres, family dispute practitioners, and contact centres, and
  • Allowing a court to award costs against a person if it is satisfied there are reasonable grounds to believe a person has knowingly made a false allegation of violence or abuse.

This last point is one of controversy. Shadow Attorney-General Nicola Roxon said she feared the proposal would make matters worse by deterring already vulnerable parents from raising claims of abuse or violence.

Souce www.findlaw.com.au