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19 Torrens St Braddon
ACT 1612 || GPO Box 1989
Canberra ACT 2601
Telephone +61 2 6246 3788
Facsimilie +61 2 6248 0639
MR0310
29 January 2010
Response to Reports Must Focus on Better
Outcomes for Families and Children
The Law Council has welcomed the Government’s release of three key
reports which examine the operation of the family law system, as well as how
the family law courts deal with cases involving family violence.
The Law Council’s Family Law Section contributed to the reviews, which
were
conducted by the Australian Institute of Family Studies (AIFS) and
Professor Richard Chisholm.
Law Council President Glenn Ferguson said, “It is our long held position that
any changes to the family law system must be based on providing the
services which those using the system really need, and delivering those
services in the most effective way.”
“Family law practitioners, in their experience, are of the opinion that shared
parenting, which involves a high level of communication and willingness to
co-operate on the part of both parents, may not
be suitable for all families.
However, practitioners readily work with families to help them negotiate other
arrangements to promote a strong relationship with both parents.”
The Law Council endorses the AIFS’ findings
that,
when developing
parenting arrangements, it is important to identify those families where safety
is a concern.
“While the Family Law Act acknowledges the profound effect that family
violence has on children and families, the family courts system is not
adequately resourced to realistically deal with violence and its effects.”
“The Government’s response to the reports should focus on better outcomes
for families and children who require the support of the court system.”
While the Law Council strongly encourages the use of family dispute
resolution services that are available outside the court system, it must be
remembered that the family law courts provide a vital resource for those
unable to resolve issues arising from the breakdown of family relationships.
“The Law Council will fully consider the findings
of the reports over coming
weeks and we look
forward to
further consultation and discussion with the
Government regarding their recommendations,” Mr Ferguson concluded.
Media Contact:
Ben Caddaye, Law Council Public Affairs
P. 02 6246 3725 || M. 041 399 3038
The Law Council of Australia exists to represent the legal profession at the
national level, to speak on behalf of its constituent bodies on national issues,
and to promote the administration of justice, access to justice and general
improvement of the law.
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