Parents without custody to be given bigger say
By Stephanie Peatling
Non-custodial parents will have a greater say in the living arrangements of their former partners, and the definition of domestic violence will be tightened, as the Federal Government moves to introduce sweeping changes to the Family Law Act.
Parents who make false allegations about domestic violence will also face penalties in a move the Opposition has described as "bordering on irresponsible".
The most significant changes to the Family Law Act in 25 years were flagged by the Attorney-General, Philip Ruddock, earlier this year and investigated by the legal and constitutional affairs committee. Yesterday the chairman of the committee, the Liberal MP Peter Slipper, said the changes would lead to a more "balanced approach" to family law.
The changes will mean a resident parent must discuss their living arrangements with the non-resident parent, including the family home's location and the possibility of new partners moving in.
Government members of the committee also wanted anyone who alleged violence to be forced to have their claims independently verified, saying they had heard anecdotal evidence of people making unsubstantiated claims of domestic violence.
A National Party MP, Kay Hull, said children had a right to be protected from untrue claims of abuse that affected who had custody of them as well as from abuse. Ms Hull said maintaining the best interests of children also meant looking at "living arrangements, education and the continuity of family life".
The Family Law Act changes are part of a broader shake-up of family arrangements, and come shortly after a ministerial taskforce recommended changes to the child support payment system. These include a change in the way payments are calculated that would mean about 60per cent of non-custodial parents - usually men - pay less child support.
The shadow attorney-general, Nicola Roxon, said she was concerned the changes to the act could discourage people from reporting incidents of domestic violence because they were frightened of being penalised if the claims were not proved.
She said she was worried the Government had "not looked at ways to address the difficulties experienced by many resident parents". A "one-way street, with rights for non-resident parents and responsibilities for resident parents", was developing.
The changes to the act will also set up family relationship centres, which the Government hopes will allow people to work through custody and living arrangements. In future, families will have to first prove they have failed to resolve issues to do with separation before going to court. Mr Ruddock has appointed a backbench committee to oversee the centres.
The executive director of Catholic Welfare Australia, Frank Quinlan, said industry groups should be appointed to determine what the centres would be required to do.
- Government wants to make it easier for people to make custody arrangements outside the court system
- Non-custodial parents to be given more rights
- Penalties for people who make false allegations about domestic violence or sexual abuse
- Compensation for parents who miss out on court awarded time with their children
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