Revamp plan for family law

Program to put children first during custody battles

Broken families fighting for custody of their children will be able to avoid lawyers and judges in a pilot program that could lead to the biggest overhaul of the defective family law system in 40 years. Attorney-General George Brandis will introduce legislation into Federal Parliament tomorrow with the pilot program to begin in July.

BROKEN families fighting for custody of their children will be able to avoid lawyers and judges in a pilot program that could lead to the biggest overhaul of the defective family law system in 40 years.

After being told he could not pursue the reforms under the Abbott government, AttorneyGeneral George Brandis is now moving to repair the system, which is under serious strain.

High divorce and separation rates mean Australians interact with the family law system more than any other area of law.

Senator Brandis said “children should not be treated the same way as property”. He said he wanted to dramatically reform the system that he said was geared towards conflict.

Legislation will be introduced into Federal Parliament tomorrow with the pilot program to start in July next year.

The program will encourage self-litigants to bypass the Family Law Court and engage with mediators and social service providers.

Senator Brandis tried to put the reform on the agenda under the Abbott government but the plan was rejected. He said it was taking too long for families to resolve custody issues, which inflamed the bitter tugs of war between parents.

Senator Brandis said drug abuse, violence, mental illness and the emergence of problem gambling contributed to family breakdowns. Therefore, he wanted to trial “wraparound” services for parents, to make it easier to resolve conflict.

It could mean that parents negotiating over child custody could be linked to housing support, if one parent does not live in appropriate housing for child visits, or be offered drug and alcohol support for addiction, or services for mental health problems.

“The breakdown of a relationship, entered into with love, joy and hope, is usually the most difficult and challenging times for those involved,’’ Senator Brandis said.

“Where possible, we need to move people away from the current system, which can entrench conflict and blame by positioning parents as adversaries … and often over prolonged periods with enduring conflict the result.

“This is unhealthy and unhelpful for separating couples and it has a terrible, even damaging, impact on children.

“The Government is investing $12.7 million to pilot Parenting Management Hearings, a new non-adversarial alternative to court processes for resolving less complex family law disputes.

“This will provide quicker, cheaper and less confrontational arrangements.”