Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 passed

Previously, we’ve blogged about the proposed changes to the Family Law Act that were put before the government in 2010. In late November 2011, the Family Law Legislation Amendment (Family Violence and Other Measures) Bill was passed, bringing these changes into effect.

This Bill has implications for parents and children who are involved in legal processes following the breakdown of a relationship. The main implication of these changes is an increased focus on the protection of children against family violence when a relationship between two parents ends.

This will be ensured by these main changes:

• An expansion of the definition of ‘family violence’. Assault, abuse, neglect and any threatening behaviour now falls under the umbrella of family violence.
• Increased participation by child protection authorities in Family Law proceedings.
• The removal of deterrents for raising issues of family violence in court. Previously, penalties could be incurred for false violence allegations.

These changes are designed to offer children more protection in court proceedings by placing their best interests before the interests of the parents involved. The Bill essentially rolls back changes made to the Family Law Act during the Howard era that placed an emphasis on shared care of children between parents.

When announcing the Bill, the Court said it will continue to support shared care where appropriate, but a child’s safety will be the main priority.

When these changes were proposed, they were met with both support and resistance. The passing of the Bill has similarly received mixed responses.  While many support the changes and believe they offer children at risk of violence and abuse the safety and protection they need, there are others – such as fathers’ groups – that have voiced their concern that the changes make it easier for judges to restrict and limit the time fathers can spend with their children following a divorce.

If you need help figuring out how the Family Violence and Other Measures Bill might affect your situation, please contact Watts McCray lawyers.

Do you agree with changes to the Family Law Act? Do you think they could affect your family?