Read The Times Australia

Daily Bulletin

The family court does need reform, but not the way Pauline Hanson thinks

  • Written by: Henry Kha, Lecturer in Law, Macquarie University
The Conversation

Senator Pauline Hanson has recently argued fathers get a raw deal from the family court, saying mothers often make up accusations of family violence to deny fathers contact with their children. These unsupported claims perpetuate a form of victim blaming and may make women who have experienced family violence reluctant to speak out for fear of being disbelieved.

Yet this seems to be what’s pushing the latest parliamentary inquiry into family courts, of which Hanson is deputy chair.

It is, in fact, extremely rare for fathers to be denied contact with their children. This only happened in 3% of all court orders in 2014.

Read more: We don't need another inquiry into family law – we need action

What’s more, there have already been two recent inquiries into family law, one ending as recent as April this year from the Australian Law Reform Commission. But the government has so far not implemented any of their combined 93 recommendations.

So while Hanson’s claims are wrong, there are still major issues the family court needs to fix to make sure the best interests of the child are promoted and victims of family violence are better protected.

‘Equal responsibility’ doesn’t mean equal time

Only 3% of separated parents end up in court to decide their parenting arrangements. Of those, a survey has revealed more than half of respondents have experienced physical or emotional abuse.

Despite these statistics, in the overwhelming majority of cases both parents still have care or contact with their children and exercise equal shared parental responsibility.

In 2003, former Prime Minister John Howard initiated a House of Representatives report, Every Picture Tells a Story, which recommended the introduction of equal shared parental responsibility. This was introduced to the law in 2006. Joint parental responsibility for the care of children is also in line with an article in the United Nations Convention on the Rights of the Child.

Read more: The long history of gender violence in Australia, and why it matters today

But there has been ongoing misunderstanding among some members of the Australian public that equal shared parental responsibility means equal time with the child between each parent.

In fact, the Australian Law Reform Commission recommended the Family Law Act 1975 should be amended to replace the presumption of “equal shared parental responsibility” in favour of “joint decision making about major long-term issues”. This means parents should consult each other on issues such as the child’s health, their religious upbringing, their education and the changes to their living arrangements.

The presumption can be rebutted if there are reasonable grounds to believe a parent has abused his or her child or engaged in family violence.

Long delays and high costs

Another significant problem is the high costs and long delays litigants face. According to a 2018 report, litigants can spend over A$100,000 per matter in the Family Court of Australia. And the median wait time to have a case heard at trial is a whopping 17 months.

These are conservative figures. For some parties, the costs are even higher and the delays are longer. This causes frustration for those involved, which can not only lead to an escalation in disputes, but can also leave children and parents in unsafe situations.

Read more: Domestic abuse or genuine relationship? Our welfare system can't tell

High costs can significantly erode financial security. It also makes the family justice system inaccessible, especially if the parties are ineligible for legal aid. The high costs of litigation or financial abuse against a party can force individuals to represent themselves in court.

To address these problems, there needs to be increased government funding to relieve pressure on the under-resourced court, with money for registrars and family consultants. The family court structure must also be fundamentally reformed.

Child welfare is a state issue, but the family court is national

Contemporary family disputes that end up in court often involve child abuse, family violence, drug and alcohol issues and mental health problems. An effective family justice system requires information sharing and a coherent response.

But family violence orders and child welfare are exclusively managed by the states and territories. This means the Family Court has limited investigative powers to follow up allegations of family violence and child abuse.

Read more: A new family 'super court' may not save time or result in better judgments

One of the major recommendations of the Australian Law Reform Commission is to abolish the federal-based Family Court in favour of creating separate family courts in each state and territory. There’s only one state-based family court in Australia, in Western Australia.

This is a sweeping reform that would radically transform the Australian family justice system. It has potential to improve the way courts deal with family violence and child protection by closing jurisdictional gaps, unifying both commonwealth and state jurisdiction over family law matters.

Authors: Henry Kha, Lecturer in Law, Macquarie University

Read more http://theconversation.com/the-family-court-does-need-reform-but-not-the-way-pauline-hanson-thinks-125728

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...