A NEWS ~~ RELEASE --ATTORNEY-GENERAL------------------- ---THE HON . MICHAEL LAVARCH MP --------------------------L_.--.J -16 December, 1993 84/93 THINK OF THE CHILDREN Some 59 per cent of marriage dissolutions involve children. Too often they are the silent victims of divorce, particularly when they are perceived as the spoils of victory in the win or lose adversarial Court system. The Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, found that the failure to comply with Family Court orders, particularly over custody and access to children, was a major cause of dis ~atisfaction with the current system. While in the longer term, mediation and other forms of alternative dispute resolution can help reduce the causes of many of these problems, the Government will act on a number of recommendations to deal with specific failings of the current system. The Government favours the operation of the United Kingdom's 1989 Children Act and has asked the Family Law Council to report by next March on its implementation. This Act emphasises the concept of parental responsibilities for care and development of the child, declining as the child becomes more mature. Parents do not get "custody" and "access" --terms which reinforce the idea of ownership in children and see them as the prize in a breakdown of relationships. The Committee recommended that information on parenting plans, which detail each parent's specific responsibilities, be made available to separating parents. The Government accepts the recommendation in principle and has asked the Family Law Council to examine this and other children's issues, including replacing terminology such as "guardianship" and "custody" in the Act which could perpetuate misconceptions of ownership of children. An important recommendation towards a more understandable Court system is a proposal for judges of the Family Court to give clear and adequate reasons for decisions and orders relating to children. The Government supports the provision of clearer reasons so that parties can more easily understand the decision and notes that the Family Court is already taking action on this. The Government will encourage the States and Territories to adopt a similar approach in their jurisdictions. Child welfare must always be paramount in court decisions. This is reinforced by the recommendations on family reports, separate representation for children and the review of child welfare jurisdiction. The Committee's recommendations reflect the concerns of the Court and the Government supports the proposals. In particular, the detailed review by the Family Law Council to establish whether the Family Court jurisdiction should be extended to include wardship and guardianship.
The Government is aware that there is a real need to address the problem of facilitating access in circumstances where there is a possibility or fear of violence. The Government believes the recommendation covering the use of police stations as handover points is too narrow and instead is encouraging the exploration of more creative ways to find safe, neutral and appropriately equipped transfer points. The use of child care centres on weekends, for example, is being investigated.
There has to be a clearer and stronger awareness of the compliance aspects of the Family Court system. The Government believes that information about enforcement procedures should be annexed to Court orders. The Family Court will also investigate alternatives for the provision of information on enforcement. The Government also endorses the Family Court's current simplification project to make it easier for unrepresented people to prepare and present cases.
Prevention is still important and the Government supports the proposal that the Family Court Counselling Service place a high priority on early intervention counselling cases where access might be a problem.
The Government agrees that regular exchange of information between Federal and State Police and the Family Court on enforcement orders should be encouraged. The Chief Justice of the Family Court and the Chairman of the Police Commissioners Advisory Group are looking at ways to establish the mechanisms for this exchange.
The Government will look at amending the Family Law Act to empower the police to take temporary custody of a child at the same time as a warrant is issued for the arrest of a parent unlawfully trying to take a child out of the State or Territory This and other tougher compliance recommendations regarding subsequent arrest for attempted abduction; the examination of perjury and increased public awareness will go some way to addressing current concerns.
Unfortunately, tougher compliance measures on their own can never adequately deal with the highly emotional situations where parents cannot agree on the welfare of the child. Inevitably, the child becomes the real victim. That is why dispute resolution and counselling will be a high priority.
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