Territory authorities back family law bill removing presumption of equal custody
TERRITORY politicians and legal authorities have backed a family law bill that would remove the presumption that parents should have shared parental responsibility of children, following the horrific murder-suicide of Brisbane woman Hannah Clarke and her three kids.
Northern Territory
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TERRITORY politicians and legal authorities have backed a family law bill that would remove the presumption that parents should have shared parental responsibility of children, following the horrific murder-suicide of Brisbane woman Hannah Clarke and her three kids.
Hannah Clarke was murdered by her estranged husband who doused the family in petrol and set them alight before killing himself in February.
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The Private Member’s bill, which was introduced into federal parliament yesterday by Queensland Federal Labour MP Graham Perrett, calls for the removal of the presumption of equal shared parental responsibility (ESPR) under the Family Law Act.
Federal Member for Lingiari Warren Snowdon said he would support the bill if it made it to a vote.
“If passed by the parliament this Bill should have an impact and lessen family violence. The tragedy is that as a Private’s Member’s Bill it is unlikely even to be fully debated,” Mr Snowdon said.
“What the bill does is address inadequacies around issues to do with shared parenting. The proposals include recommendation from the 2019 Australian Law Reform Commission report. The Bill is a small step in fixing wrongs in the family law system.
The Top End Women’s Legal Service also backed the Bill, saying ESPR “places victims of domestic and family violence on the back foot in litigation and negotiations.”
“In addition, the legislation links ESPR to equal time orders – which incentivise violent perpetrators to litigate to pursue their ‘rights’ and has resulted in children spending more time with perpetrators of violence,” Top End Women’s Legal Service Inc. said in a statement.
“The removal of ESPR will allow the court to be in a better position to make decisions in the best interests of children.”
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Chair of Small Steps 4 Hannah, a foundation established to honour the memory of Hannah Clarke and her children – Laura Bos – said the Bill aims to prevent the death of other women and children.
“Child custody issues are very hard at the best of times, and we saw with Hannah (Clarke) the way custody of the children had become a competitive game to Rowan,” she said.
What we have seen with Hannah Clarke and her babies is that ‘gaming’ the custody system is one nobody wins and in the worst possible way.”
Originally published as Territory authorities back family law bill removing presumption of equal custody