Modern Australian
The Times

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

  • Written by Henry Kha, Lecturer in Law, Macquarie University

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

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...