Albanese Government changing family law arrangements to better protect victims of domestic violence

The Albanese Government is changing family law arrangements to better protect victims of domestic violence and their children during divorces by removing a Howard-era presumption of equal care that has been twisted in its application.

Attorney-General Mark Dreyfus will on Wednesday introduce a bill to Parliament to make sure children are put at the heart of the family law system.

“The current parenting framework in the Family Law Act is complex and confusing. It contains provisions which are misunderstood and, in some cases, have led to unsafe parenting arrangements,” Mr Dreyfus said.

“Most separations do not end up in the court system. But for those that do, the experience can be more traumatic than it needs to be and this has a significant impact on children.”

The Howard Government re-wrote Australia’s family laws in 2006, allowing for shared care for children in separated families, based on the idea that most were better off spending as much time with each parent as possible.

The reforms have been criticised ever since for not working in the interests of the child, and harming women and children who are victims of domestic violence.

In Australia, one woman a week is killed by a current or former partner, and a third of Australian women experience physical violence by the age of 15.

About 65 per cent of assaults recorded in WA in 2020 were related to family and domestic violence, which was up 15 per cent from the previous year.

Mr Dreyfus said under his Government’s reforms courts would still be able to order equal shared parenting when it was deemed best for the child.

“These reforms will see more family law matters resolved quickly and inexpensively without compromising the safety of family members,” he said.

“The Government recognises that family law matters, particularly those involving children, and can be most difficult of all legal disputes.”

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