Law change could have saved Hannah Clarke and her three kids’ lives
Federal politicians have rejected a proposed law that could have saved Hannah Clarke and her children’s lives by allowing them to legally hide from their killer, advocates say.
A proposed anti-terrorism-style law that might have saved the lives of Brisbane mother Hannah Clarke and her three children has been rejected by politicians.
Women’s violence campaigners desperate to prevent more men carrying out family murders say Canberra has rebuffed their efforts to have Ms Clarke’s tragedy make a difference.
And Scott Morrison has come under fire for cutting domestic violence funding while attending the funeral of Ms Clarke and her children.
On Twitter, some posters said the Prime Minister would have been better off increasing DV funding than appearing at the ceremony.
Ms Clarke was laid to rest in Brisbane on Monday in a single shared coffin with Aaliyah, 5, Laianah, 4, and Trey, 3.
At the funeral, both Ms Clarke’s brother Nat and her best friend Nikki Brookes said they wished they could have protected Ms Clarke and her children from harm.
In the weeks since the February 15 car fire murder by Ms Clarke’s estranged partner, women’s representatives have lobbied federal politicians to pass a law they say could have done just that.
But the campaigners say MPs from both sides of politics have refused to act.
“There’s been radio silence since,” Queensland Women’s Legal Service CEO Angela Lynch said.
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“It’s completely within their power and ambit to act now to change the law to … keep women and children in danger of being murdered by their partners safe.
“It’s like they did with the terrorism laws.
“They don’t wait for the person to blow the bridge up, they take pre-emptive action.
“Women fight every day for their safety and that of their children because shared parenting is the priority under the Family Law Act.
“Right now the Act operates to force a horrifying number of kids into care arrangements with parents who are violent and abusive – posing an immediate and ongoing risk to their safety.
“If (Hannah Clarke) had run, for her to go into hiding, would have been in breach of the Family Law Act.
“She would have been found, brought back before court, reprimanded and … forced back into shared care (with estranged husband Rowan Baxter).”
The funeral of the beautiful and courageous Hannah Clarke will take place today. Scott Morrison will be in attendance and I can't help but think that is the last thing a devastated family and friends need. He's done absolutely zero about DV & has no place there IMO.
— SPN IMPALA GIRL-WAYWARD AF (@trampanya) March 8, 2020
#Auspol @PCKJ3627 @QAustralian @lynlinking @christianlexus @MsRonnyB @Leel06Lee @MifWhy @MichaelWestBiz
— Ivan Ballinㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤㅤ (@Ingot54) March 8, 2020
Today Morrison in Brisbane for funeral of Hannah Clarke. Wasn't aware he was a family friend.
If not it will be another photo op
Do nothing as usual for Women's DV issues.
No if he stayed away and announced a massive increase in funding for DV & the dropping of spurious Family Court inquiry I would acknowledge that #ScottyTheSalesMan is trying to tackle DV! But it’s just a photo op!! #appalling
— Judith Nunn (@Judith54Nunn) March 9, 2020
Ms Lynch and representatives from the Australian Violence Against Women Alliance (AWAVA) and Fair Agenda groups lobbied government and opposition MPs and “got no commitments”.
They asked for a change to the Family Law Act to remove the presumption of shared parenting and allow an escape route to safety for “high risk domestic violence” parents in immediate danger.
State women’s and family ministers met with the Federal Government last Friday, but Ms Lynch said all they did was “reannounce” an existing program for $2000 emergency loans for women in danger.
“The murder of Hannah Clarke and her children has to be a turning point,” Fair Agenda executive director Renee Carr said.
“Women can’t afford for this meeting to only result in more plans and promises of future action.”
AWAVA program manager Dr Merrindahl Andrew said the Federal Government had responded by citing its Fourth Action Plan, a “national plan to reduce violence against women and children”.
“As if that’s all that’s needed to make women safer,” she said.
RELATED: Hannah Clarke’s family speaks out after her murder
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“The plan isn’t worth the paper it’s written on if it’s not matched with adequate resourcing of services and changes to the systems that perpetuate this crisis.”
The women’s groups have demanded the “immediate establishment of a domestic violence death review” of the family law system.
This would allow deaths like Ms Clarke and her children’s to be studied and recommendations to arise therefrom to avoid further deaths
“The Federal Government was open to this but not so open for the need to amend the Family Law Act to protect domestic violence victims and kids,” Ms Lynch said.
AWAVA said in a statement that further funding cuts were due to the Family Violence Prevention Legal Services.
A WESNET-Telstra safe phones program, which helps keep victims and survivors safe and prevents social media stalking by ex-partners, is also facing Federal Government cuts.
Statistics show 70 per cent of Family Court matters involve cases of violence and abuse.
“The emphasis on the child having a ‘meaningful relationship’ with both parents is so strong that it operates in practice to force large numbers of children into care arrangements with parents who are violent and abusive,” AWAVA said.
“This leads to ongoing damage to the child’s wellbeing and often forces the other parent to maintain contact with a perpetrator who is using abusive behaviour and causing them harm.”
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