FAMILY Court rules where parties have to file notices of abuse or family violence should be scrapped, according to a report issued yesterday, and instead every parenting case brought before the courts should have a risk identification assessment.

Changes to legislation were also needed to "bring the focus back to what is best for the children".

Attorney-General Robert McClelland yesterday released three key reports examining the operation of the family law system and how family law courts deal with cases involving family violence.

"The reports provide a comprehensive and objective analysis of the family law system against the aim of providing fair and sustainable solutions for families, while ensuring the safety and wellbeing of children," Mr McClelland said.

A report by Richard Chisholm, "The Family Courts Violence Review", found that many people were wrongly assuming that 2006 amendments created a presumption that children should spend equal time with each parent (except in cases of violence or abuse).

"This misunderstanding seems to have arisen in part because of the complexity of the 2006 amendments," Professor Chisholm said. "For example, the presumption of equal parental responsibility has been wrongly taken to mean that there was also a presumption favouring children spending equal time with each parent."

Professor Chisholm said experience had shown that rules of the court that required parties to file a notice where allegations of violence or abuse have been made was "not working".

"Because of this, and because issues of family violence and other risks factors are so common in parenting cases brought to the courts, it would be better to have a system of risk identification and assessment that applies to all parenting cases."

Professor Chisholm also suggested several changes to the legislation, saying it was complex and noting "the difficulty in formulating legislation that both provides workable rules and guidelines for courts to apply and satisfies the desire of the legislature in recent times to state principles that will play an educational role".

He said the report recommended removing "the unnecessary complexities of the present wording and bring the focus back to what is best for the children".

The "Evaluation of the 2006 Family Law Reforms" by the Australian Institute of Family Studies found more people were using family dispute resolution services instead of heading straight to the law courts over disputes.

"The government is committed to improving the family law system so that separated families can effectively access the help they need and disputes can be resolved in the best interests of children," Mr McClelland said when releasing the reports.


http://www.theaustralian.com.au/business/legal-affairs/family-court-rules-set-for-shake-up/story-e6frg97x-1225824475156





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