Custodial parents to face stricter laws
By Farah Farouque
Social affairs editor
Federal Attorney-General Philip Ruddock has signalled a tougher regime for custodial parents - usually mothers - who fail to obey Family Court orders providing access visits to former partners.
Parents might have to compensate their ex-partner for costs such as unused air fares or accommodation and be liable for extra court costs if they fail to provide access under draft laws released yesterday.
The laws will also enshrine a presumption of "joint parental responsibility" in a bid to improve consultation between separated mothers and fathers over decisions affecting children.
Warring parents will also be required to attend new family relationship centres to see if they can agree on a custody plan for their children before they engage lawyers.
Mr Ruddock said the tougher enforcement measures - which have been welcomed by mens' groups - would enhance children's ability to have meaningful relationships with both parents.
Lone Fathers Association president Barry Williams said it was overdue acknowledgement of one of the most troubling issues for divorced fathers. "Access is as equally explosive an issue as child support," he said.
The existing provisions of the Family Law Act contain enforcement procedures - including imprisonment as a last resort which will remain on the books - but fathers' groups claim they are not effective.
"Fathers are forced to pay but access in not enforced by the courts," Mr Williams said. "Courts can make orders but they don't uphold them."
The National Council of Single Mothers and their Children, however, questioned the changes, saying the emphasis was punitive to mothers. "There is nothing being done about fathers who fail take up contact," said executive officer Jac Taylor.
"Research generally shows women deny access because they are concerned about the safety of their children or their own safety," she said.
Melbourne University family law academic Helen Rhoades said the difficulty in toughening enforcement procedures was that it was often children who wanted to vary the terms without resorting to a court.
"A major issue is the disjunction between a court order that 'this is how things are done' and the realities of family life," she said.
Family lawyer Karthiyani Nambiar, from the firm Glezer Lanteri, said enforcement procedures for breaching orders now emphasised parenting education rather than punishment.
"For a first offence a person will be most likely assessed for a parenting education program and there would probably be an order for 'make-up' contact," she said. "But for flagrant or subsequent breaches the court has had power to make a wide variety of orders ranging from good behaviour bonds to imprisonment."
613-797-3237