Today I announce major proposals to reform the Family Law System in Australia.
The centrepiece of the proposed reforms is the establishment of a new network of 65 community-based Family Relationship Centres located across the country.
This new network will underpin a fresh approach to the family law system, putting the emphasis on reaching agreement at a much earlier stage in the separation process, rather than waiting until conflict becomes entrenched and relationships severely deteriorate.
These Centres will provide separating couples an opportunity to resolve their child custody disputes without having to go to Court. They will assist couples immediately following their separation, helping them establish positive post-separation relationships as early as possible, while putting up front the principle of the best interests of their children. Through the Centres, separating parents will have free access to information, advice and up to three hours of dispute resolution sessions with a parenting advisor to help resolve disputes and reach agreement on parenting plans.
The centres will not just be for separating families. They will also help couples access pre marriage education and help families who are experiencing relationship difficulties with information and access to family skills training and support.
An important aim of the centres will be to assist fathers in maintaining a substantial role in their children's lives immediately following a relationship breakdown, because research has shown this to be a crucial time in determining long term parenting arrangements.
The new network of Family Relationship Centres will be a partnership between the government and the many well established community services such as Relationships Australia, Centacare and the members of Family Services Australia. The establishment of the network will be funded by the Government.
In deciding on these reforms the government took into account many of the findings of the House of Representatives Standing Committee on the Family and Community Affairs Inquiry into child custody.
The committee undertook a comprehensive investigation into this area, delivering an excellent report late last year. The government's proposals address most of the committee's recommendations and will significantly change the family law system.
The proposed reforms also include a number of other changes aimed at making the family law system fairer and easier to use.
Greater emphasis will be placed on shared parental responsibility and the government proposes to change the principles of the Family Law Act 1975 to refer to the need for both parents to have a meaningful involvement in their children's lives and for children to have a right to spend time on a regular basis with both parents. The best interests of the child will still be the most important issue.
Grandparents are an essential part of children's lives but this is often not recognised when families separate. The government proposes to give greater recognition of the role of grandparents both in the law and in access to services.
The government will also be amending the Family Law Act to ensure parents attempt to resolve disputes through primary dispute resolution, aimed at completing a parenting plan, before filing with the court. Other measures will be aimed at making family law cases involving children's matters that do go to court less adversarial and less likely to increase conflict.
A new combined registry for the Family Court and Federal Magistrates Court will be established to make the court system easier to navigate.
The new approach will require significant expansion in family services including: early intervention services such as pre-marriage education, to help couples start married life on the right path, and family skills training additional counselling, mediation and similar services children's contact services, the Contact Orders Program and men's services, including Mensline.
The government notes the important work of these services over many years and is aware of calls within the sector for additional funding to maintain these extra services. The government will provide an immediate injection of $15 million in 2004-05 to support their current work.
This proposed expansion of services will provide even more assistance to help prevent relationship breakdown and, where parents do separate, reduce the conflict and emotional cost of separation on parents and children.
The inquiry made a number of recommendations in relation to the Child Support Scheme. The government recognises that there is considerable interest in the scheme and a strongly held belief in parts of the community that the current system is inequitable. The government is taking immediate steps to establish a Child Support Taskforce to report back by March 2005 on a comprehensive re-evaluation of the scheme, including the committee's recommendation.
These proposed reforms will significantly change the family law system and enable many more families to resolve disputes outside the courts. However such far-reaching changes need to be implemented carefully and through consultation with the community. For this reason the government will be releasing a discussion paper on the implementation of the proposed reforms and seeking input from the community on how they should be taken forward.
Further information is in the attached statement.