3 February 2010.
The Federal Government is considering changing child custody laws that could make it harder for fathers to secure 50-50 custody if their children are under the age of two. The changes come after the release of a report commissioned by the Attorney General’s Department.
The “Evaluation of the 2006 Family Law Reforms” conducted by the Australian Institute of Family Studies (AIFS) was designed to examine changes to the Family Law Act (1975) enacted during the final term of the Howard Government.
The report was compiled with input from 24,000 parents who had gone through the system, and over 500 grandparents. Other contributors included experts in family law such as lawyers, judges, psychologists, and social workers.
According to the Attorney-General Robert McClelland, the report examined family law issues such as shared parenting and domestic violence. The report urged the Government to soften the law that deters parents, usually women, from making allegations of violence by the other parent in the Family Court.
Father’s groups are angered by the proposed move saying that the changes to shared parenting laws will create another stolen generation of children. Barry Williams, President, Lone Fathers’ Association of Australia (an organisation of more than 16,000 members) has vowed to oppose any changes to the current laws. He said, “The rights of children should be the most important factor. I have seen many children suffer because they have not been allowed contact with their fathers.”
Professor Alan Hayes, Director, AIFS, said “More than one million children currently live in separated families. The way in which separated couples resolve parenting arrangements, make decisions about their children and conduct their relationships all have significant and lasting impacts on their children’s lives…The message out of this evaluation is clear – ongoing conflict between separated parents leads to worse outcomes for children.”
One of the findings of the report included the Family Court being asked to apply a new “triage” system which will quickly assess urgent risks relating to domestic violence, relocation, substance abuse or mental health issues.
Rev Dr Gordon Moyes, Family First Member of New South Wales Parliament, said “I express my concern regarding any change to child custody laws that will make access harder for fathers. I also express my concern on the distressing issue of domestic violence, abusive relationships, and children who suffer as a result.”
He continued, “I support these proposed reforms that work towards greater security, stability and health in family life and relationships. Policies should focus on taking a more preventative approach and address the crux of the matter, and that is assisting people to build solid families and nurturing relationships free from violence.” END