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Gov flags overhaul of family law

Is this a positive policy change?

Is this a positive policy change???



ABC news

Government flags overhaul of family law

By Simon Cullen


Updated Thu Nov 11, 2010 8:44am AEDT


The Federal Government wants to overhaul the family law system to put a greater emphasis on child safety in custody cases.

Attorney-General Robert McClelland says he is concerned the existing laws do not adequately deal with family violence concerns.

In 2006, the Howard government introduced changes to increase the emphasis on shared parenting of children in custody cases.

But Mr McClelland says he wants to change the law to make it clear that child safety concerns outweigh the need for a child to have a meaningful relationship with both parents.

"We're effectively switching the two around so that in considering their discretion, the courts will be required to have regard to, first and foremost, the welfare of the best interests of the child," he said.

He says the changes will not affect cases where there are no safety risks.

Mr McClelland is also proposing to expand the definition of family violence to include emotional and financial manipulation.

The draft legislation is open for public comment until January next year.
Thanks for your comment. Unfortunately the situation is extremly simplified in that article from last year. There is much material around the site about the proposed changes and submissions are required by the 29th. Some of the changes are worth support but four or five of the key ones require substantial amendments before we will agree to them.

See as a start Some links if members are interested:

UN Conventions - Yet to be fully populated but we are forming some important views about this

News Item - News Item - Covering a range of issues including definition of Family Violence and removal of any judicial standard

s60CC a Key Piece - LOSS OF the willingness and ability of each of the childs parents to facilitate, and encourage, a close and continuing relationship between the child and the other parent






Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I should have also said it does appear to be a very MAJOR policy change and has been drafted by some very naive drafters with limited worldly experience. Pity Kim Duggan from the department is not involved as we may have seen some sensible drafting of the legislation.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
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