Albanese government unveils family court reform

The Albanese government has put reform of the family court on the agenda, unveiling draft legislation to protect those involved in protracted proceedings.

The Albanese government has unveiled its plan to reform the Family Law Act, citing the need to address court delays and protect those at risk of family violence.

The government will on Monday unveil draft legislation which it says will make family courts safer for children and separating families.

It says the plan is not just another inquiry, and will result in the introduction of legislation later this year.

The draft legislation includes recommendations made in both the Australian Law Reform Commission inquiry in 2019 and the Parliamentary Joint Select Committee inquiry in 2021.

The government says it is attempting to address lengthy court procedures, drawn out litigation and inadequate support services.

Attorney-General Mark Dreyfus has put family court reform on the agenda.Picture: NCA NewsWire/Gary Ramage.

“These long overdue proposed reforms replace the often confusing law around parenting arrangements with a simpler child-focused framework that will guide parents who can agree on their own post-separation parenting arrangements,” the government said in a statement.

“It will also streamline the process for courts who determine the minority of parenting disputes where agreement has not been reached.”

The draft legislation, released by Attorney-General Mark Dreyfus, replaces the raft of variables which go into making family court decisions with six “best interest” factors when ruling on parenting arrangements.

It also requires an Independent Children’s Lawyer to meet directly with children, and gives courts expanded powers to protect parties during protracted litigation.

The Family Court of Australia in Sydney.

According to Mr Dreyfus, the government will also expand the definition of a family member to include concepts of family found in Aboriginal and Torres Strait Islander communities.

The government will on Monday release a consultation paper alongside its draft legislation with submissions on the proposed bill due by February 27.

“In the nine years the former government was in office there were at least two dozen reviews into the family law system, with hundreds of recommendations that were simply ignored,” the government said.

“The Albanese Government will be acting this year to legislate a simpler and safer Family Law Act for families and their children.”