FAMILY law courts are failing children and parents suffering from domestic violence, spurring the Rudd Government to consider a major shake-up.

RENEE VIELLARIS

January 29, 2010

Federal Attorney-General Robert McClelland has pledged to fix the system.

He will consider a number of wide-ranging recommendations from a review, which took into account the death of Darcey Freeman.

Darcey, 4, was allegedly thrown off Melbourne's West Gate Bridge by her father Arthur Freeman a year ago today.

The review, released yesterday, recommended courts and staff have an understanding of domestic violence, and a risk assessment is carried out on families, instead of the current system of parents engaged in a dispute filing documents.

Professor Richard Chisholm, who undertook the evaluation, said there was nothing in the Freeman file that suggested judicial officers had any reason to fear for the safety of Darcey.

Another review, which evaluated changes to family law reforms in 2006 and was also released by Mr McClelland, found that spending more time with one parent after a separation was not always in the best interests of the child.

It said that the changes were confusing to some parents, who wrongly believed a presumption of shared parental responsibility in the Family Law Act meant they had 50-50 access to their children.

"Many people seem to have wrongly assumed that the amendments created a presumption that children should spend equal time with each parent . . . 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," retired Family Court judge Professor Chisholm found.

The result of misunderstandings has often been bitterness, resentment, and sometimes violence.

It has also led the family law system to focus on resolving problems between the parents rather than always looking to the best interest of the children involved.

The changes to the Family Law Act were designed to give fathers more power and greater consideration in post-break-up custody arrangements. Separated fathers had long complained that they had been discriminated against by courts which had displayed a bias towards mothers.

But it may be that the bias has swung too far the other way.

Justice Chisholm also found violence was frequent in family breakdowns.

However, the report said some of the changes were positive, including reducing the rate of some litigation.


http://www.news.com.au/adelaidenow/story/0,,26647316-2682,00.html





Comments (0)