Type:	Journal Article
Title:	Barriers to safety – proposed changes to the family law system
Other Titles:	Domestic Violence & Incest Resource Centre Newsletter
Authors:	Hume, Marie
Keywords:	Family law
Year:	2005
Publisher:	Domestic Violence & Incest Resource Centre
Citation:	(2), Winter 2005
Notes:	This article argues that the Federal Government’s proposed changes to family law will make it difficult for women and children to be safe from abuse. It is based on a paper presented at the DVIRC’s forum on family law, with additional comments on the draft legislation, the Family Law Amendment (Shared Parental Responsibility) Bill:2005. It highlights some of the proposed changes in the draft legislation, such as: presumption of equal shared parental responsibility; in cases of family violence or child abuse, there will be a presumption against shared parental responsibility; mediators, counsellors and legal advisers will have to assist parents to consider a starting point of equal time; and courts will have to consider shared parenting time when making orders. It argues that the emphasis on equally shared parenting and equal parenting time will take precedence over violence and abuse. It also raises issues with regard to compulsory attendance at family dispute resolution, standard of proof for abuse or violence allegations, family relationship centres and mediation process, pressure to agree to equal shared parenting responsibility and time, the ‘friendly parent’ provision, and breach of orders.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13565
ISSN:	1324-4264
Appears in Collections:	Journal Articles

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