Child safety first in overhaul of family law
Herald Sun, November 11, 2010
THE Gillard Government has
unveiled radical changes to family law that redefine domestic violence, place
greater weight on child safety and could weaken the Howard government's shared
parenting laws.
The changes, which are directed at cases involving abusive parents, elevate the
safety of children to the top priority in custody disputes.
Whenever a court considers that this goal is in conflict with the right of a
child to have a relationship with both parents, it will be required to give
greater weight to child safety.
The change is contained in draft legislation released for discussion yesterday
by Attorney-General Robert McClelland.
The proposed changes to the Family Law Act come after Labor MPs, particularly
women, raised concerns that the Howard Government laws had gone too far and were
hurting vulnerable children.
The Howard Government introduced changes in 2006 that placed greater emphasis on
shared parenting when couples divorced. A report by former Family Court judge
Richard Chisholm found that many people wrongly believed this meant separated
fathers were automatically entitled to equal custody of their children.
Under the planned changes to the Family Law Act, the government proposes to ease
the evidentiary burden on those seeking to show that a child faces a risk of
violence.
Family violence will be redefined to recognise that it can take the form of
physical assaults, harassment, emotional manipulation, financial abuse and
threatening behaviour.
The changes expand the definition of family violence beyond it being conduct -
actual or threatened - that causes a member of a person's family to reasonably
fear or be apprehensive about their wellbeing or safety.
The new definition includes a long list of matters including behaviour that
torments, intimidates, or harasses a family member. That effect could be caused
by repeated derogatory taunts or racial taunts, or intentionally causing death
or injury to an animal or damaging property.
Family violence will also include unreasonably controlling, dominating or
deceiving a family member. This could be brought about by denying a family
member financial autonomy or preventing a family member from making or keeping
connections with family, friends or culture.
The proposed changes were welcomed last night by former Family Court chief judge
Alastair Nicholson, who said they were long overdue.