Greens to help usher in family law reforms

Labor’s push to overhaul the family law system is likely to pass through parliament after the government secured support from the Greens and the crossbench in the upper house.

Greens Senate leader Larissa Waters welcomed the reforms but said the party would continue to advocate for more funding for domestic violence services. Picture: NCA NewsWire / Martin Ollman

Labor’s push to overhaul the family law system is likely to pass through parliament after the government secured support from the Greens and the crossbench in the upper house.

With the Coalition holding significant concerns and likely to reject the bill, the government has secured crucial support from independent senator Lidia Thorpe, the Jacqui Lambie Network and the Greens.

The legislation removes a provision that directs a court to apply the presumption that it is in the best interests of a child for the parents to have equal shared responsibilities.

Domestic violence advocates have welcomed the proposed changes, saying they are long overdue to stop perpetrators using the family law system and parenting arrangements to prolong conflict and coercive control over shared decision-making. But the bill has been criticised by some legal experts, who warn the amendments may take Australia back to a time when mothers were granted primacy in court battles.

A spokesman for Attorney-General Mark Dreyfus said the reforms would “better assist Australian families in the family law system and ensure the best interests of children are the focus of decision-making, both inside and outside the court”.

A major 2019 inquiry by the Australian Law Reform Commission did not recommend removal of the presumption of shared responsibilities but proposed the clause be reworded to allow “joint decision-making about major long-term issues”.

Opposition legal affairs spokeswoman Michaelia Cash told The Australian the bill contained major flaws and could have significant unintended consequences on families, including adding costs and delays in separations.

Senator Cash said the opposition would consider amendments over the coming weeks.

“In many cases the changes go much further than was recommended, or have significant unintended consequences,” Senator Cash said.

“The committee process has shown many of Labor’s changes are poorly thought through, and could add costs and delay for families going through one of the most difficult parts of their lives.”

Greens Senate leader Larissa Waters welcomed the reforms but said the party would continue to advocate for more funding for domestic violence services.

“While these reforms are welcome, without more funding to courts and frontline family and domestic violence services, delays, unequal representation and lack of support will continue to put women and children at risk,” Senator Waters said.

“If the Attorney-General wants these reforms to work, his government needs to stump up the funding for them to do so.”

A spokesman for Senator Thorpe said the bill introduced some “much-needed changes” and had been welcomed by the sector. “Senator Thorpe will be supporting the bill but is proposing amendments to further increase the consideration of the safety of the child as per concerns expressed by women’s legal services,” he said.

Tasmanian senator Tammy Tyrrell said she was happy with the bill, which put the focus back on what was best for children.

“There’s been a couple of reviews that have all recommended these changes,” she said.