Federal Circuit and Family Court fast-track process for kids of murder victims

Relatives of children who have lost one or both parents through murder will be able to fast-track court applications about their care during critical times of crisis.

Relatives of children who have lost one or both parents through murder will be able to fast-track court applications about their care during critical times of crisis.

The Federal Circuit and Family Court of Australia has established a Critical Incident List to allow families to make urgent arrangements for children.

The fast-track process, which will begin on June 6, is for families to help children where no parent is available as a result of a parent’s death, including from murder, suicide, critical injury or imprisonment after family violence.

It will allow the court to make orders about where children live and enable non-custodial parents to make arrangements such as enrolling children in schools and organising and consenting to medical treatment.

The courts’ Family Violence Committee worked with Queensland Homicide Victims Support Group to establish a way for people to have faster access to court listing dates when no parent can care for a child.

Tim Class-Auliff, whose sister-in-law Rachel Thulborn was strangled then fatally stabbed on the Sunshine Coast by her partner 14 years ago, faced immense hurdles when he and his wife tried to look after her three children.

Tim Class-Auliff says the change is long overdue.

Apart from a five-year battle for custody, the couple found, immediately after the killing while the children’s father was charged and in custody, there were difficulties in making arrangements for the children’s care.

“We had difficulties right from the very beginning. When we picked up the kids the next day we couldn’t even take them to a doctor. We had to arrange probate,” Mr Class-Auliff said.

That involved paying $20,000 in upfront legal fees and it took weeks.

Although two of the children had health problems their uncle and aunt could not arrange for treatment or even put them in daycare without probate.

“Someone had to take care of them. We didn’t want them shuffled from one foster care home to another,” Mr Class-Auliff said.

“If this kind of ruling had been in place then it would have made it so much difference.”

“Family violence is a national disgrace, and far too often results in the death of a parent at the hands of their partner or former partner,” Chief Justice of the Federal Circuit and Family Court of Australia, Will Alstergren, said.

“Australia has witnessed too many situations in which children are left without the care of their biological or legal parent following the murder of one parent and the death or incarceration of the other.

“It is an extraordinarily tragic and stressful time for the children involved, and the extended family members who are suddenly left to pick up the pieces and care for the children and make arrangements for their health and education.”

QHVSG chief executive officer Brett Thompson said the impact on children when a parent was lost was immeasurable.

Mr Thompson said he had seen situations where a parent who was in jail charged with murdering another parent still had parenting rights and made it difficult for the children’s carers.

“It increases the level of trauma the kids are going through and the trauma for anyone supporting the kids. It could be an aunty, uncle, sister, brother or grandparent,” he said.