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Opposition cautions against family law changes

ABC Radio AM with Tony Eastly
 30 January 2010 08:08:00

 Opposition cautions against family law changes

 ELIZABETH JACKSON: The Federal Opposition has warned the Government against making changes to family law that alter the principle of giving children the right to a meaningful relationship with both parents in the case of divorce or separation.

 The Coalition introduced sweeping changes to the family law system four years ago reflecting that principle, but a report released this week found the amendments gave some parents the mistaken view they were entitled to equal custody.

 And a separate report has recommended extra funding for the family court system to allow violence assessments in every case.

 From Canberra, Sabra Lane reports.

 SABRA LANE: In 2006 the Howard government introduced major changes to Australia's family law system, putting an emphasis on shared responsibility for separating parents.

 This week, three reports were released on how the laws were working. The reviews were conducted by the Australian Institute of Family Studies, the Family Law Council and former judge, Professor Richard Chisholm.

 The Family Studies Institute found a 22 per cent drop in the number of cases going to court. But Professor Chisholm found many people wrongly believed the changes mean that separated fathers were automatically entitled to 50-50 custody of their kids.

 The professor says the laws are confusing and troublesome, but the Shadow Attorney-General George Brandis disagrees.

 GEORGE BRANDIS: I think the report by Professor Chisholm does take a fairly tendentious view of the operation of the 2006 reform.

 SABRA LANE: The Government says it's considering an information campaign to clear up any misunderstanding, but Senator Brandis says he gives more weight to the report published by the Australian Institute of Family Studies.

 GEORGE BRANDIS: What the Australian Institute of Family Studies found was that the principle of shared parental responsibility is widely supported; that in general the 2006 reforms have worked well.

 And dealing with the particular issue on which Professor Chisholm addressed - that is the incidents of violence - the Australian Institute of Family Studies found - and I'm reading from the report, "There is no evidence to suggest that family violence and highly conflictual inter-parental relationships are any greater in children with shared care time than for children with other care time arrangements".

 So, there seems to be something of a difference of emphasis, if not a conflict, between Professor Chisholm and Australian Institute of Family Studies.

 And the Opposition is certainly strongly of the view that the release of these reports should not be used by the Government as a pretext or an excuse to walk away from the principle that every child has a right to a meaningful relationship with both parents on the occasion of family breakdown, while always maintaining, as has never been in doubt, the paramount interests of the child as the first consideration.

 SABRA LANE: The reviews were handed down nearly 12 months after year after four-year-old Darcey Freeman was allegedly thrown off Melbourne's West Gate Bridge by her father.

 Professor Chisholm's recommended every case before the family court should automatically be assessed for violence risks, and that the court be given adequate resources to do the job.

 The Chief Justice of the family court, Justice Diana Bryant issued a statement, welcoming that finding.

 The Attorney-General's office was asked about the recommendation for resources. A spokesman for Robert McClelland says the court already receives $2 billion in Commonwealth funding, but that it will be considered.

 ELIZABETH JACKSON: Sabra Lane reporting.

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